The purpose of this Article is to protect and enhance the character, appearance, and image of Lexington County through appropriate maintenance of property and structures, with the additional benefit of protecting property values and improving the safety of its residents by averting the formation of objectionable and illicit activities in neighborhoods and commercial developments. The regulations set forth in this Article are minimum standards and are not intended to address deed restrictions or private covenants that have been placed on properties.

51.10 Residential Standards

All parcels that contain a residential activity, such as residential detached, residential attached, mobile home, or tiny home, to include accessory structures, or parcels that are considered developable lots and which are located within a platted residential subdivision with at least 10 residential lots and where the average residential lot sizes do not exceed 1-acre in area, shall comply with the following standards:

(a)

Swimming Pools - Swimming pools, spas, and similar structures above ground, on ground, or in ground, shall be in a proper operating condition and/or shall be appropriately maintained to provide a safe, clean, and sanitary condition. Properly sized and installed pool covers or other means (i.e., operational drainage system) are acceptable to prevent stagnant water accumulation in un-used swimming pools.

(b)

Un-kept Yards and Landscaped Areas - Grassed areas, lawns, and yard areas are to be maintained in an evenly mowed condition and not allowed to grow uncontrolled. Landscaped areas and foundation plantings shall be properly maintained so that woody plant materials do not block ingress/egress to a residence, impair vehicle vision clearance and/or sight distance, or cause structural disrepair. Landscaped areas and foundation plantings should be clearly delineated (i.e., mulch, border, etc.) and be predominately free of uncultivated weeds or vegetation. The discarding of yard debris and leaf litter within the road or storm drain system is prohibited. Natural areas preserved and managed for habitat protection (i.e., certified garden for wildlife) are exempt from these provisions, provided such natural areas are located within the rear or backyard of the primary residential use.

(c)

Exterior Storage - Items being stored must be contained within a fully enclosed structure or in the back yard if they are totally screened from view from the public roadway or any adjacent property. The type of structure or total screening must be approved by the Zoning Administrator and shall be consistent with other structures and privacy fencing in the residential development. The exterior storage of materials for a current on-site construction project is allowed, provided the storage of such materials does not exceed one hundred twenty (120) consecutive days. Portable storage units utilized for temporary storage shall be used only in a transitory manner if they are visible from any adjacent property or public roadway. These storage units may not remain on a parcel in this manner in excess of sixty (60) consecutive days and for no more than two (2) separate occurrences during a twelve-month period, unless the units contain the contents of a residence undergoing a renovation and/or expansion. These units shall be no larger than eight feet high by eight feet wide by sixteen feet long and shall not be considered an accessory structure. Dumpsters used for the collection of construction debris and storage units used by homebuilders and contractors as part of a construction project are not considered portable storage units in the context of this paragraph. The owner and/or occupant of any parcel on which a storage unit is placed or the person to whom the unit is leased shall be responsible for ensuring that it is maintained in good condition - free from evidence of deterioration, weathering, graffiti, rust, ripping, tearing, holes, or breaks.

(d)

Structural Disrepair and Maintenance - Structures, which include fences, decks, patios, and the like, shall be maintained free from evidence of deterioration, rotting materials, graffiti, rust, ripping, tearing, holes, breaks, or various other forms of disrepair when such disrepair is visible from adjoining properties and/or road rights-of-way. Vacant structures are to be maintained as if occupied.

(e)

Domestic Chickens, Fowl, and/or Livestock - No more than four (4) domestic chickens and/or fowl are allowed per residential lot at one time, excluding roosters, which are prohibited. Domestic chickens and/or fowl cannot free roam or be located under the residential structure (i.e., crawl space), must be located within a rear yard, and contained within a designated fenced area, pen, or coop area. Coops shall meet all applicable accessory structure setbacks and all applicable Building Code requirements. Livestock, to include, but not limited to, cows, horses, goats, swine, alpaca, llama, sheep, and goats are prohibited. Certified and/or pedigreed miniature livestock shall be exempt from these provisions, provided proof the miniature livestock is registered by an authorized pedigree service (i.e., Miniature Potbellied Pig Registry Service, Inc. or MPPRSI). All waste, odors, and pests must be managed, such as not to create a nuisance for neighboring properties. The slaughtering of domestic chickens, fowl, or livestock is prohibited. Domestic chickens, fowl, and/or livestock used for commercial purposes, such as the sale of products; raising of, young; and/or sale for meat products must conform to all applicable requirements for Agricultural Operations, as well as state and federal law. Nothing in this Section shall preclude the enforcement of Lexington County Ordinance, Chapter 26, Article II, Noise, in which any excessive noise may be addressed by the Lexington County Sheriffs Department.

(f)

Vehicle Parking and Storage - Vehicles shall only be repetitively parked and/or stored in the driveway, the adjacent side yard adjoining the driveway, and/or the rear or backyard within residential lots. Vehicles shall not be parked or stored on developable vacant lots. The parking and/or storage of vehicles shall also conform to Section 21.21 of this Ordinance. Vehicles include cars, trucks, sport utility vehicles, crossovers, motorcycles, boats, watercraft, recreational vehicles, etc. These provisions do not pertain to temporary or visitor parking.

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

All parcels that contain a commercial, non-residential, residential attached not regulated within the residential standards, and/or group housing-type activity or developable lots within commercial subdivisions, business/industrial parks, and the like shall comply with the following standards:

(a) Un-Kept Landscaped Areas - Grassed areas, lawns, and yard areas are to be maintained in an evenly mowed condition and not allowed to grow uncontrolled. Landscaped areas shall be properly maintained so that woody plant materials do not block ingress/egress to a structure, impair vehicle vision clearance and/or sight distance, or cause structural disrepair. Landscaped areas shall also be predominately free of uncultivated weeds and vegetation and all mulched areas shall be maintained as such. All dead plant materials shall be removed and shall be replaced as regulated by the Lexington County Landscape and Open Space Ordinance.

(b) Exterior Storage - Waste materials and refuse shall be stored either within a completely enclosed structure or within an area totally screened from view of all adjoining properties. The type of structure or total screening must be approved by the Zoning Administrator and shall be consistent with the provisions of this Ordinance for nonresidential or commercial developments. Garbage shall be stored within a dumpster and that dumpster shall be screened and landscaped in accordance with applicable provisions of the Landscape and Open Space Ordinance. The exterior storage of materials for a current, on-site construction project is allowed, provided the storage of such materials does not exceed one hundred twenty (120) consecutive days. Portable storage units utilized for temporary storage shall be used only in a transitory manner if they are visible from any adjacent property or public roadway. These storage units may not remain on a parcel in this manner in excess of sixty (60) consecutive days and for no more than two (2) separate occurrences during a twelve-month period, unless the units contain the contents of a commercial-type operation undergoing a renovation and/or expansion. Dumpsters used for the collection of construction debris and storage units used by contractors as part of a construction project are not considered portable storage units in the context of this paragraph. The owner and/or occupant of any parcel on which a storage unit is placed or the person to whom the unit is leased shall be responsible for ensuring that it is maintained in good condition - free from evidence of deterioration, weathering, graffiti, rust, ripping, tearing, holes, or breaks.

(c) Structural Disrepair and Maintenance - Structures, which include fences, decks, patios, and the like, shall be maintained free from evidence of deterioration, rotting materials, graffiti, rust, ripping, tearing, holes, breaks, or various other forms of disrepair when such disrepair is visible from adjoining properties and/or road rights-of-way. Vacant structures are to be maintained as if occupied.

(d) Vehicle Parking, Sales, and Storage - Parking areas associated with closed, vacant, and/or abandoned non-residential activities and/or located on developable lots within a commercial subdivision, business/industrial park, and the like shall not be utilized for the repetitive parking and/or storage of commercial-type vehicles or the sale of personally owned vehicles or crafts.

(e) Exterior Tire Storage - Used tires, whether intended for resale or for discarding, shall only be stored within an enclosed structure or neatly stacked directly adjacent to the primary structure of the principal non-residential activity. The storage of used tires directly adjacent to a street or road right-of-way is prohibited and such storage must comply with all other state and local laws. Tire storage shall also be managed in a manner to deter standing water and reduce the potential to create mosquito or other vector breeding areas.

(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 Solid Waste Ordinance, Lexington County Landscape and Open Space Ordinance, Lexington County Building Code Ordinance, Lexington County Land Development Manual, other regulations set forth within this Ordinance, or SCDHEC regulations.

Buildings or structures that are deemed unsafe or derelict mobile homes shall conform to applicable requirements of the Lexington County Building Code Ordinance prior to the enforcement of this Section. Buildings or structures that have been damaged by flooding shall conform to applicable requirements of the Lexington County Flood Damage Prevention Ordinance prior to the enforcement of this Section.

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

These provisions do not apply to vacant and/or unimproved properties, wetlands, conservation easements, forests, pasture land, open fields, grassed areas and/or open space utilized for recreation (ex., golf courses, athletic fields, passive trails), floodplains and floodways, stormwater management devices, naturally vegetated buffers required by Lexington County, vegetated areas along water bodies (ex. streams, rivers, ponds, or lakes), stables or barns, and/or agricultural operations, unless otherwise stated within these regulations. In the event certain portions of this Article are protected by Federal or State Statute, such laws shall supersede these regulations.

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

The provisions of this Article are enacted for the unincorporated portions of Lexington County, which meet the standards previously noted and located in the adopted Neighborhood Appearance District or unincorporated parcels of land that are adjoined and surrounded by municipal boundaries on at least seventy-five (75) percent of the respective property lines. A Neighborhood Appearance District Map shall be published as a part of this Article and be revised following the same procedures contained in this Ordinance for zoning text amendments. There are also no grandfathering provisions for any existing violations of these restrictions. Property maintenance for mobile home or tiny parks are covered within Section 72.50 and 164.35 of this Ordinance.

Anyone who disagrees with the Zoning Administrator's interpretation or seeks relief from these standards may file an appeal or special exception with the Board of Zoning Appeals, which shall act as the final arbiter. The Board of Zoning Appeals shall take in consideration the stated opinions of the surrounding property owners, the size and condition of the overall property and/or structures, visibility from surrounding properties and road rights-of-way, the condition of other properties in the immediate area, and any other extraordinary conditions or circumstances that may apply when deliberating a special exception request.

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