Community Development Zoning FAQs

Topic: Business License

Q: Where do I get a County business license?
A: Lexington County does not require or issue business licenses. Instead, all land use activities must have a valid zoning permit. However, some municipalities do require a business license in order to operate within their city/town. Check with your City/Town Hall regarding their license requirements.

Reference: Zoning Ordinance – Article 12, Chapter 1, Section 121.10

 

Topic: Garage/Yard Sales

Q: How often am I allowed to have a yard sale on my property?

A: Garage and yard sales are allowed to take place up to four times a year from the same location without the need for a zoning permit. For such sales to take place at the same location more often, the activity would no longer be classified as a typical garage sale and would require a zoning permit.

Reference: Zoning Ordinance – Article 2, Chapter 1, Section21.21(f)

Topic: Garage/Yard Sale Signs

Q: Am I allowed to post signs advertising my garage sale?

A: Signs advertising garage and yard sales are allowed provided that they are located on private property with the property owner’s permission and not located in the road right-of-way or on utility poles or attached to road and street signs. Garage and yard sale signs shall not exceed 6 square feet in size, should not be posted for longer than 7 consecutive days, and must be removed within 24 hours after the completion of the event. Garage and yard sale signs meeting these requirements do not require a zoning permit.

Reference: Zoning Ordinance – Article 2, Chapter 5, Section 26.40(h)

 
Topic: Home Occupation

Q: Do I need a zoning permit even if I work out of my home?
A: Yes, all nonresidential activities require a zoning permit and certain restrictions apply to home occupations.

Reference: Zoning Ordinance – Article 2, Chapter 1, Section 21.22

Topic: Jurisdiction

Q: If I am located within town or city limits, do I need a County zoning permit?
A: The Lexington County Zoning Ordinance only pertains to unincorporated areas of the County. Municipalities have jurisdiction within their own city/town limits. Check with your City/Town Hall regarding their zoning requirements.

Reference: Zoning Ordinance – Article 1, Chapter 1, Section 11.20

Topic: Mobile Homes

Q: I live in a mobile home located on my own property and have two other mobile homes on the same (or adjoining) parcel. Can I put additional mobile homes there?
A: The County Zoning Ordinance only allows two mobile homes on a parcel, on adjoining parcels, or even parcels within the vicinity of one another unless the property owner resides (legal residence) in one, in which case a total of three are allowed. More than two mobile homes (or three if the property owner resides in one) are considered a Mobile Home Park. Mobile Home Parks are only allowed by special exception (permission granted by the Board of Zoning Appeals) and are subject to certain requirements as outlined by the Zoning Ordinance.

Reference: Zoning Ordinance – Article 7, Chapter 1, Section 71.20

Topic: Private Subdivision Restrictions/Covenants

Q: My house is located in a subdivision and I want to fence in my back yard and/or build a residential storage building. How far off the property line should they be?
A: The Lexington County Zoning Office does not address or regulate residential fencing. Accessory buildings to residential activities must maintain a minimum 5-foot setback from adjoining property lines. However, some private subdivision restrictions/covenants may regulate and/or prohibit fencing and accessory buildings. If your subdivision has such private restrictions in effect, they would be recorded with the County Register of Deeds and are not enforced by the Zoning Office.

Reference: Zoning Ordinance – Article 2,Chaper 3 Section 23.30

Topic: Signs

Q: I see many “stick in the ground” type signs and signs on utility poles and road signs along the roadways, are these allowed?
A: The Zoning Ordinance does not allow signs to be placed within road rights-of-way, or sign placement on utility poles or road/street signs.

Reference: Zoning Ordinance – Article 2, Chapter 5, Section 26.14, 26.35

Topic: Zoning District Classifications

Q: (a) A particular parcel is classified as residential by the Tax Assessor’s Office, but I have heard that a commercial operation is planned for that property. If the zoning is residential, how is that allowed? (b) I have a contract for the option of purchasing a tract of land that is listed on the County GIS maps as commercial. Does this mean that it is approved for any type of commercial activity? 
A: The Tax Assessor classifications are entirely different from zoning classifications and are not necessarily related to or dependent on one another. To find out the zoning classification for any given property in the unincorporated areas of Lexington County, go to the GIS/Mapping section on the County web site. Zoning, plus additional useful information, is available on the County web site.

Reference: Zoning Ordinance – Article 1, Chapter 1, Section 11.40, 11.50

Topic: Zoning Maps

Q: How can I find out the zoning district and street classification for my property?
A: You can access the GIS maps on the County web site. Once into the maps and zoomed in close enough, click Zoning as a visible layer. The Zoning Maps will show the zoning district and the street classification. Or, you may visit the Zoning Office in the County Administration Building to view the GIS maps.

Topic: Zoning Ordinance

Q: Where can I get a copy of the Lexington County Zoning Ordinance?
A: Printed copies are available from the Zoning Office in the County Administration Building for a nominal fee. However, the Zoning Ordinance is also available on the County web site. You may view it online, print the entire document, or simply print selected pages or selections.

Topic: Zoning Permit Renewal

Q: Do I need to renew my zoning permit every year?
A: No, once a zoning permit has been issued and the project/activity is underway, it is good for the life of the activity as long as that specific activity doesn’t change or is expanded. If there is to be a change or expansion, a new application and site plan must be submitted and a new zoning permit issued prior to such change or expansion.

However, if a zoning permit has been approved, but the project or activity has been put on hold and has not begun or completed, a zoning permit shall be effective for two years from the date of the approval. Up to five one-year extensions of the zoning permit will be granted provided an annual request is made by the original permit applicant provided the obligations of the permit continue to be met, and provided there have been no amendments to these regulations that would prohibit approval.

Reference: Zoning Ordinance – Article 1,Chapter 1, Section 11.31 & Article 12, Chapter 1, Section 121.10

Topic: Zoning Road Classifications

Q: My property is located in an ID (Intensive Development) Zoning District that allows the type of activity that I plan to develop, but I was told that it is not an allowed activity. Why is that?
A: While a particular activity may be allowed in a given zoning district, the Lexington County Zoning Ordinance limits access to activities by street classification. Both the zoning district and the street classification are used to determine allowed activities for specific parcels.

Reference: Zoning Ordinance – Article 1, Chapter 1, Section 11.40; Article 2, Chapter 1, Section 21.31; Chapter 2, Section 22.00; Article 2, ; & Article 2, Chapter 2, Section 22.02