Lexington County Neighborhood Appearance District Lexington County Zoning Ordinance, Article 5

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1 Lexington County Neighborhood Appearance District Lexington County Zoning Ordinance, Article 5 Robbie Derrick, Development Manager County of Lexington Community Development

2 Background Information The Neighborhood Appearance District (NAD) is an Overlay District in the Lexington County Zoning Ordinance. The Neighborhood Appearance District (NAD) addresses property maintenance concerns for residential land uses. The property maintenance issues addressed include pool maintenance, overgrown yards, exterior storage, and structural disrepair. The Overlay District was originally adopted by County Council on September 22, 2015 for the unincorporated areas near Chapin, Irmo, and Northern Lexington. The Overlay District boundaries were amended by County Council on October 25, 2016 to include unincorporated areas near West Columbia, Cayce, Pine Ridge, South Congaree, and Eastern/Southern Lexington.

6 NAD Enforcement Policy Upon receipt of a complaint, Zoning Staff verify that the subject property and reported issue(s) are within the scope of regulations. In many situations the representing HOA attempts to address issues before formal complaints are reported. Field inspections are then conducted by staff and violations are documented. A compliance letter is mailed to the property owner and the physical address, if the residence appears vacant and/or the owner does not reside at the location. Initial compliance deadlines are 30 Days. Following the 30-day deadline, follow up site inspections are conducted. Properties that have reached compliance are closed. Properties where progress is being made are documented and an extension to the original compliance deadline may be granted. Properties that are not in compliance and/or have made little or no effort to address the issues, are forwarded to the Sheriff s Department Code Enforcement Unit for further action. The Sheriff s Department is the enforcement body for Zoning and other County code violations. Violations are prosecuted in local Magistrate s Courts as misdemeanor offenses.

7 Total Complaints Received: 307 NAD Statistics From September 23, 2015 through June 30, 2017 Legal Residency For Property in Violation: Yes -200 No -107 Types of Complaints: Swimming Pools 39 Grass, Weeds, and Uncultivated Vegetation 214 Exterior Storage 114 Structural Disrepair and Maintenance 93 Properties with Multiple Violations 133 Compliance Reached: 222 Compliance Deadline Has Not Expired and/or Compliance Progressing: 57 Non-Compliance Issues Being Addressed by the Sheriff s Department: 28

8 NAD Compliance Issues October 2015 Flood Out-of-Town and Out-of-State Property Owners Vacant Properties Access to Rear or Backyards Properties in Foreclosure and/or Bank Owned Properties for Sale Elderly, Ill, and/or Low to Moderate Income Property Owners Property Owner s Preference General Technicalities

9 Proposed NAD Amendments Currently Under Review by Planning Commission Include ornamental water features to be properly maintained and to allow properly sized covers for unused swimming pools. Revise the section regarding overgrown yards to include provisions for backyard wildlife habitat/natural areas, the maintenance for weeds for impervious surfaces (ex. driveway or sidewalk), the maintenance of vegetation to prevent sight distance issues for the traveling public, provisions for the removal of yard debris and leaf litter, and an expanded list for areas not covered within the scope of regulations. Update the section on exterior storage to reflect continuity with screening used in residential settings, include exemptions for on-site construction, and reference other areas in the Zoning Ordinance that already address residential accessory vehicle allowances. Clarify the types of structures included in the scope of regulations and address the accumulation of leaf litter, pine straw, etc. on roof tops Include provisions for domestic chickens on residential properties. Include provisions for non-residential and/or commercial properties for vegetation/landscape maintenance, structural disrepair, and the sale/parking of vehicles on abandoned or closed businesses. Revise the scope of regulations for residential properties to be consistent with other ordinances and to address concerns with rural and/or larger properties that may fall within the current scope of regulations. Include a manner for property owners to seek relief by requesting a Special Exception from the Board of Zoning Appeals.

10 The following are examples of NAD cases since 2015

Robbie Derrick, Development Manager Phone: (803) 785-8121

40 Robbie Derrick, Development Manager Phone: (803) Link to Lexington Co. Zoning Ordinance: dinances/zoningordinance26oct2016.pdf

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