Overview of Ordinances Passed

*** Note: Lexington County Residential Development Ordinances had not been changed since 1987 except in 2008 during the recession and housing crisis when they were actually loosened. Some of the newer council members Charli Wessinger, Beth Carrigg, and Darrel Hudson with the help of Scott Whetstone, Larry Brigham, and Gene Jones were able to gain the leverage needed to be able to put the six month building moratorium in place and pass all of these long overdue ordinances our county needed to develop more responsibly with infrastructure in mind moving forward. 

Voting records matter and it is important to note that Councilmembers Todd Cullum and Debbie Summers voted against putting the six month building moratorium in place and Council members Todd Cullum. Debbie Summers, and Glen Conwell voted against Ordinance 21-13. 

In December 2021 when the building moratorium was lifted, it is important to note that there were approximately 7500 homes countywide in the “pipeline”. This means that development applications had been received by the county  prior to the building moratorium being put into place and therefore these 7500 homes will be allowed to build under the old ordinances. So, for a while we will still see high density of up to 12 per acre, stacked closely together, clear cutting the land, etc for some subdivisions but in time we will begin to see evidence of the new ordinances taking place. 

Thankful for the council members who consistently voted “yes” throughout this process in support of more responsible development for the citizens who call Lexington County home. 

Overview of Ordinance 20-18 – This ordinance was adopted by council in May 2021 and affects all unincorporated areas of Lexington County.

• The ordinance establishes a maximum residential density for single family home to 4/acre-unincorporated. Redefined residential land uses and revised setbacks related to each.
• Key piece to this is the setbacks for single family homes were set as 20 feet from the road right of way, with the garage/carport/parking canopy, etc. having to setback 30 feet from the road right-of-way, as well as 10 foot setbacks on sides and rear.  *Previous setbacks were 10 feet from the road right-of-way and 5 feet from side and rear property lines.
• Established guidelines for patio/garden/courtyard home developments, to include design standards, acreage limitations, additional open space, and approval by the Board of Zoning Appeals.
• We have not seen how this will effect development since it went into place after the moratorium.

Overview of Ordinance 21-13 - This ordinance was adopted by council in December 2021 and will establish a Lake Murray Overlay District for the unincorporated Chapin area and unincorporated Lexington/Gilbert/Leesville areas of south of Lake Murray.  For more information on the Lake Murray Overlay and the Agricultural Overlay, please click here.

• Further restrict single family residential from 4/acre to as low as 2 or 1/acre based on intensity of street classification and additional open space based on street classification and number of lots in a development. This ordinance will also amend standards for the development of apartments.
• Establish an Agricultural Overlay District in the southern unincorporated areas of the County to limit single family residential density and further protect agricultural operations from encroaching development by requiring increased buffers and vegetative screening.
• Amend development standards for multifamily residential developments (apartments) to require access off of paved/4-lane road, require access plans to be approved by Council, increase buffering restrictions to further protect existing single family/individual mobile home land uses, require privacy fencing along all side and rear (8-feet in height), and require management plans for these land uses.

Overview of Ordinance 21-14 – This ordinance was adopted by council in December 2021 affects all unincorporated areas of Lexington County.  It will amend landscape and open space requirements county wide to protect trophy trees, increase open space requirements, and increase buffer zones.

• Further protect mature trees by revising trophy trees to 20 inches DBH, requiring additional protection measures such as increased critical root zones and tree inventories prior to development design, and an increase in the size and replacement ratio for the removal of trophy trees.
• Amend the clearcutting section to deny development permits for a period of 60 months following a timber harvest removing 80% or more of the existing trees.  If a landowner works with staff to protect various buffers, corridors, and trophy trees during the harvest, development plans may be allowed to proceed.
• Revise the open space provisions for residential developments to require 20% open space, required tree inventories up front so developers will have to plan around areas of mature trees, require 30 foot road corridor buffers and 50 foot road buffers for scenic corridors, and require transitional buffers county-wide and increase this to 15 feet (side buffers during construction phase).
• Include a Lake Murray Overlay to require additional open space for residential developments within the designated area based street classification and number of lots in a development.

Overview of Ordinance 21-15 – This ordinance was adopted by council in December 2021 and will amend sub-division ordinances county wide:

• Include standards for variances for access policy and private road policy variance requests.
• Require additional documentation related to fire hydrant maintenance at bonded/final plat.
• Include allowances and processes that a limited number of building permits can be obtained under preliminary plat, with one stipulation the master plan of the development must be submitted and maintained.

Additional note : Creating the Lake Murray overlay district and the additional above ordinances will provide residents with the ability to adopt standards to conserve and protect the character of our community and the quality of the lake.  County council intends to create and enforce common sense measures for the responsible growth of Lexington County and The Lake Murray District.