The administration and enforcement of this Ordinance shall be the responsibility of the Lexington County Zoning Administrator.

171.01 Duties of the Zoning Administrator

It shall be the duty of the Zoning Administrator to:

a.

Administer and enforce all applicable provisions of this Ordinance.

b.

Administer and enforce the actions of the Board of Zoning Appeals.

c.

Attend all meetings of the Board of Zoning Appeals.

d.

Maintain current and permanent records relative to the adoption, amendment, administration, and enforcement of this Ordinance.

e.

Provide information to the public on all matters relating to this Ordinance.

171.02 Enforcement of Performance Standards

In all districts where performance standards apply, the Zoning Administrator may require a zoning permit application to be accompanied by a certification from a registered professional engineer of South Carolina that the proposed activity can meet the applicable performance standards. If the Zoning Administrator has reasonable belief that a violation may occur despite the opinion of the engineer, then he may reject the application, citing the reasons.

171.03 Right of Entry upon Land

The Zoning Administrator or persons engaged by him to perform tests or any other duties may enter upon any land within the jurisdiction of this Ordinance and make examinations and surveys. They may also place or remove public notices as required by these regulations. However, there shall be no right of entry into any building without the consent of the owner.

171.04 Measurement

If it is determined that following the issuance of a zoning permit a structure has been placed within the buffer and/or setback in error and all reasonable remedies (except variance) have been exhausted, the Zoning Administrator has the discretion to allow an encroachment up to 6 inches or 5 percent, whichever is greater. This remedy, when applicable, will only be applied to the required linear measurement for buffers and/or setbacks.

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

No building, structure, sign, or tract of land within the zoned area of the County shall be used, constructed, or developed until the issuance of a valid zoning permit. The Zoning Administrator may require that an application for a zoning permit include information and exhibits as he/she deems necessary to determine that the proposed development of the property complies with this Ordinance. He/she shall have a reasonable time to consult with other governmental agencies and request additional information and data to evaluate the application. Sign permits associated with on-site land use activities shall not be issued until a valid zoning permit, or other form of necessary zoning approval, has been issued for the associated activity. A new zoning permit is required for a new owner or transfer of ownership of a land use activity.

A zoning permit shall be effective for two years from the date of the approval. Five one-year extensions of the zoning permit will be granted provided the obligations of the permit continue to be met, and provided there have been no amendments to these regulations that prohibit approval.

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

No building, structure, sign, or activity shall continue, be utilized, and/or occupied until the Zoning Administrator has indicated that compliance has been made with all applicable provisions of this Ordinance.

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

A fee established by County Council shall be assessed for every permit application reviewed for compliance with the provisions of this Ordinance. This fee shall be paid to Lexington County before or upon the issuance of any permit within the Zoned area of the County, except when deemed unnecessary by the Zoning Administrator for purposes of enforcement of this Ordinance.

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

Zoning requirements for proposed developments that are disclosed by staff during development review meetings, as required by the Lexington County Subdivision Ordinance, and/or development review meetings where preliminary designs are provided, shall remain valid for a period of six months following the date of the development review meeting, regardless of any amendments to this Ordinance. After six months, the proposed development may only be permitted in accordance to the current provisions of this Ordinance.

If County Council enacts a pending ordinance doctrine for proposed amendments to the Zoning Ordinance during the six month period, new development submittals received after the enactment of the pending ordinance doctrine, including those which development review meetings have been held, may be required to conform to the pending amendments.

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

The Board of Zoning Appeals is hereby created for Lexington County and shall be referred to in this Ordinance as the Board. It shall consist of nine members who shall have been residents of Lexington County for not less than three years immediately prior to appointment and who shall continue to be residents of that area as long as they serve. The Board shall be appointed by Lexington County Council. No person holding any other public office or position in Lexington County or a municipality within the County shall be eligible to serve on the Board concurrently. All Board members shall maintain the mandatory continuing education, as mandated by State Statute. Newly appointed Board members shall not participate until they have completed the mandatory orientation training, as required by State Statute.

172.01 Terms of Office of Board Members

The members of the Board shall serve for overlapping four-year terms, or until their respective successors are appointed. Lexington County Council shall maintain a schedule of staggered appointments with the terms of at least two members expiring each year.

172.02 Removals and Vacancies

A member of the Board may be removed from the Board by the County Council for continued absence or other just causes. Any member being so removed shall be provided, upon his request, a public hearing on the removal decision before the County Council. Vacancies on the Board shall be filled (for the unexpired term of those members whose positions have become vacant) in the same manner as the appointment of a new member.

172.03 Election of Officers

The Board shall elect from its members its own chairman and vice-chairman, who shall serve for one year. The Board shall also appoint a secretary, who may be an employee of Lexington County.

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

The Board is hereby vested with the following powers:

a.

To hear and decide appeals where it is alleged in writing that there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in carrying out the enforcement of this Ordinance.

b.

To hear and act upon applications for a variance from the terms of this Ordinance where a literal enforcement of these regulations will, in an individual case, result in an unnecessary hardship. Such a request for a variance may be due to the particular circumstances of a proposed activity and its relationship to existing or potential neighboring land uses. A Variance may grant relief from any of the regulations contained in this Ordinance except for those which specifically prohibit the location of an activity because of district designation or road classification.

c.

To hear and decide special exceptions as required by Section 21.31 Chart of Permitted Activities. Such activities must not only conform to the appropriate district designations and road classifications, they must also have the benefit of public comment through the hearing process. Therefore, an activity requiring a special exception can be permitted only after approval by the Board of Zoning Appeals.

d.

To hear and decide all matters referred to it by provisions of this Ordinance.

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

The Board shall meet at least once each month when there are appeals or applications for variances or special exceptions. Special meetings may be held at the call of the chairman provided that at least a 24-hour notice of such a meeting is given to every member.

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

The Board shall adopt rules for the conduct of its meetings. Such rules shall include at least the following requirements:

a.

The presence of five members shall constitute a quorum and motions shall pass or fail by two-thirds vote of those members actually voting. Motions which receive an equal number of votes for and against shall be deemed to fail. Only members in attendance at a meeting shall be eligible to vote upon motions before the Board. Proxy votes shall not be used.

b.

No action shall be taken by the Board on any case until after a public hearing, which shall include the posting of the property involved, as applicable, and the publication of a legal notice in a newspaper of general circulation in Lexington County, both at least 15 days before the date set for a public hearing. Written notice of the public hearing shall be sent by mail to the appellant and all directly affected property owners postmarked at least five days before the hearing date. No appeal shall be considered and heard before the Board less than 15 days after filing such appeal. If, after action by the Board upon an appeal, pertinent new information is uncovered that could not have reasonably been made available to the Board during the relevant public hearing, the Board shall establish a date for the rehearing of the matter in accordance with the appropriate procedures herein.

c.

All hearings shall be open to the public.

d.

The Board may call upon any other agency of Lexington County for information in the performance of its duties and it shall be the duty of such other agency to render such information to the Board as may be reasonably required.

e.

The County Planning Commission shall be permitted to submit an advisory opinion on any matter before the Board.

f.

An appeal must be filed within 30 days from the date if refusal by the Zoning Administrator to issue a zoning permit or certify compliance with this Ordinance.

g.

Any member of the Board who shall have a direct or indirect interest in any property which is the subject of, or affected by, a decision of the Board shall be disqualified from participating in the discussion, decision, or proceedings of the Board in connection with that case.

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

A written application for a variance, special exception, or appeal shall be filed with the Zoning Administrator by the property owner or his designated agent or the aggrieved party. Copies of the application shall be transmitted to the members of the Board. A fee established by County Council shall accompany every application.

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

A public hearing shall be held by the Board on all appeals and proposed variances and special exceptions. Notices of such shall be handled as follows:

a.

The Zoning Administrator shall give notice in a newspaper of general circulation in Lexington County at least 15 days prior to the public hearing.

b.

At least 15 days prior to the public hearing, the Zoning Administrator shall cause at least one sign, not less than 4 square feet, to be posted on the property in question (if the application is a proposed variance or special exception). This sign shall contain the nature of the requested variance and the time, date, and place of the public hearing, and shall be located so that it is visible from each public thoroughfare that abuts the property.

c.

Prior to the public hearing before the Board, the affected property owners (if the application is a proposed variance or special exception) shall be notified by the Zoning Administrator of the proposed variance or special exception and the time, date, and place of the public hearing.

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

The Board may grant a variance if it makes the following findings:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

b.

These conditions do not generally apply to other property in the vicinity;

c.

Because of these conditions, the application of the Ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

d.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

The Board shall also consider the following when hearing a variance request in these sections of the Ordinance:

Section 22.10 Driveway and Street Restrictions - Many of the regulations found in this section are based upon laws of physics and engineering standards that help achieve sight lines, sight distances, etc., that provide for safer movement of motorists and pedestrians. Such restrictions should not be decreased without the support of a qualified engineering study.

Chapter 5. Signs, from Article 2 - Application of Regulations - This chapter contains many standards that implement comprehensive aesthetic and safety initiatives of Lexington County. Most of these regulations are articulated in a manner that provides an equal opportunity for all to advertise their activity and many help businesses avoid becoming a nonconformity upon annexation into a municipality. The Board should not approve a variance that destroys this equitable balance of opportunity, that damages the County's aesthetic and safety initiatives, or that creates a nonconformity problem for a business in future years.

In no instance shall a financial hardship alone be considered by the Board of Zoning Appeals when deliberating a variance request.

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

The Board may grant less relief, but not more relief, than formally requested by the applicant.

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

A variance request which has been wholly or partially denied cannot be resubmitted within 12 months from the date of the previous corresponding application. Resubmittal means application for relief from the same kinds of zoning restrictions for the same activity on the same property.

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

Any person with a substantial interest in a decision of the Board, or any County officer, agency, or department may appeal any decision of the Board to the Circuit Court in and for the County. Such appeal shall be filed within 30 days after the decision of the Board is mailed.

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

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after such notice of appeal shall have been filed, that by reason of the facts stated in the certification, such stay would cause imminent peril to life or property. In such a case, the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.

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

The Lexington County Council may, from time to time, amend the text of this Ordinance or the Zoning Maps which are part of this Ordinance in the manner set forth below, where it is alleged that there was an error in the original Zoning Ordinance, where conditions have changed so as to warrant a change in zoning, or where in the opinion of the Lexington County Council such change shall serve to promote the public health, safety, morals, convenience, order, prosperity, and general welfare of the present and future inhabitants of Lexington County.

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

Map or text amendments may be proposed by the Lexington County Council or the Lexington County Planning Commission. Property owners may request map amendments, but only for a change in the district classification of their property or for a change in the classification of the street that directly accesses their property. If another person or entity is representing the property owner(s) in the amendment request, a letter of agency must be submitted with the application. Map amendments which involve proposed changes to street classifications that encompass multiple streets and/or corridors, shall only be proposed by Lexington County Council or the Lexington County Planning Commission.

173.11 Application for Amendment

An application for an amendment shall be filed with the Zoning Administrator, who shall transmit copies thereof to the Planning Commission and to County Council. A fee established by County Council shall accompany every application for an amendment.

173.12 Review by the Planning Commission

The Lexington County Planning Commission shall review and make recommendations to the County Council on proposed amendments to this Ordinance. The Commission shall make such recommendation within 30 days of the receipt of the application. Upon the expiration of the 30-day time limit, if the Planning Commission has not made a recommendation, the County Council may proceed to act as it deems proper.

173.13 Public Hearing

A public hearing shall be held by the County Council before enacting or amending any zoning regulations or maps. Notices of such shall be handled as follows:

a.

The Zoning Administrator shall give notice in a newspaper of general circulation in Lexington County at least 15 days prior to the public hearing. If the proposed amendment is to the Zoning Maps, the notice shall specify the location, current zoning, and proposed zoning of the property involved.

b.

At least 15 days prior to the public hearing, the Zoning Administrator shall cause at least one sign, not less than 4 square feet, to be posted on the property in question (if the application is a proposed map amendment). This sign shall contain the nature if the requested change and time, date, and place of the public hearing, and shall be located so that it is visible from each public thoroughfare that abuts the property. For proposed amendments that involve large areas (ex. corridors, overlay districts, mass re-zoning), the Zoning Administrator shall install multiple signs at strategic locations throughout the proposed amendment area.

c.

Prior to the public hearing before County Council, the adjacent property owners (if the application is a proposed map amendment) shall be notified by the Zoning Administrator of the proposed amendment and the time, date, and place of the public hearing by mail. Property owners of adjacent parcels that are greater than 5 acres in size shall be notified by certified mail. Additional techniques, such as the internet (ex. webpage, social media, etc.), additional sign postings, and/or community meetings may also be utilized. Due to the unique circumstances involved with map amendment requests, staff will consult with County Council on the method(s) of notification for each public hearing.

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

In making a decision on a map amendment application, the County Council may grant any of the Zoning Districts or Street Classifications that fall between the existing and requested District or Street Classification in the following chart:

In addition, the following guidelines must be taken in to consideration for map amendments involving changes to the existing street classification(s):

a.

The definition of the proposed street classification should be consistent with the existing, permitted, and/or vested developments or land use activities along the street corridor.

b.

Any changes of a street classification should not purposely disallow an existing, permitted, and/or vested development or land use activity.

c.

The proposed street classification will not create nonconforming issues in regards to density for existing, permitted, and/or vested developments or land use activities.

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

Upon enactment of an amendment by County Council, the Zoning Administrator shall immediately cause said amendment to be placed upon the Zoning Maps or inserted into the text of the Ordinance.

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

A map amendment request, which has been denied for the same property or substantially the same property, shall not be resubmitted within twelve months in the same form as previously submitted. The twelve months shall be measured from the date of the application. This shall not prohibit resubmittal if new facts are uncovered.

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

Wherever the Zoning Administrator or his authorized representatives, and/or those who are authorized by County Council, finds a violation of this Ordinance, he shall direct compliance as he deems necessary, to include the issuance of verbal and/or written compliance orders or the posting of the subject property and/or structure. Additional enforcement actions may include the following:

a.

The revocation of any Zoning Permits issued;

b.

The withholding of any related permits, plats, inspections, or other permissions, approvals, or privileges authorized by any County ordinances;

c.

The removal and discarding of signs illegally placed within public rights-of-way; or,

d.

Redress through legal action as described in the following section.

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

Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Any person, firm, or corporation who violates this Ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than the maximum allowable penalty jurisdiction of the Magistrate's Court. Each day such violation continues shall be considered a separate offense. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

Notice of violation shall be sufficient if directed to the owner or the agent of the owner and left at his known place of residence of place of business.

The Zoning Administrator or other appropriate County official may also seek injunctive relief or any other appropriate action in courts of competent jurisdiction to enforce the provisions of this Ordinance.

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

Any Board member, the Zoning Administrator, or other employee charged with the enforcement of this Ordinance, acting for Lexington County in the discharge of his duties, shall not thereby render himself liable personally. He is hereby relieved from all personal liability and shall be held harmless by Lexington County of any damage that may accrue to persons or property as a result of any act required or permitted in the proper discharge of his duties. Any suit brought against a Board member, the Zoning Administrator, or employee charged with the enforcement of this Ordinance because of such act performed by him in the enforcement of any provision of this Ordinance shall be defended by legal representatives furnished by Lexington County until the final termination of such proceedings.

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

Whenever the provisions of the Ordinance impose regulations that are in conflict with those of other County ordinances, other governmental agencies, or privately executed restrictions, the more restrictive regulations shall apply. The same shall be true if there is a conflict between provisions within the body of this Ordinance.

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

All ordinances regulating zoning adopted prior to these regulations are hereby repealed.

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

Should any article, section, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole of any other article, section, clause, or provision of this Ordinance.

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