§ 155.05.04. ACCESSORY USES.

Each principal activity in § 155.03.09 shall be deemed to include activities customarily associated with and appropriate, incidental and subordinate to the principal activity when located on the same parcel. Such accessory activities include, but are not limited to, (a) those listed for specific activities in the charts in § 155.03.09, and (b) if the facilities involved are reserved for residents of the principal activity, the following:

(A)

Residential occupancy in connection with a principal nonresidential activity on the same parcel.

(B)

Temporary one-day sale of goods from a residential dwelling or other principal activity provided such sale is not repeated more often than four (4) times in any given year at the same location.

(C)

Storage of watercraft, boats or boat-trailers on property developed for residential use.

(D)

A bed and breakfast inn is an accessory activity that is performed within the dwelling unit. A bed and breakfast inn can be conducted provided that all of the following conditions are met:

(1)

The proposed use of the property will not adversely affect the immediate neighborhood.

(2)

The proposed use of the property will not create noise, light, or traffic conditions detrimental to the neighboring residents.

(3)

No exterior alterations, other than those necessary to assure safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast.

(4)

Meals may be served to registered guests only.

(5)

The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests.

(6)

The resident owner shall comply with all tax, business licenses and revenue collection ordinances of the Town of Lexington and the State of South Carolina.

(7)

The building shall comply with all requirements for dwellings included in the Town-adopted building codes.

(8)

The resident owner shall provide one off-street parking space for each guestroom.

(9)

The principal use of any such structure or structures shall be residential.

(10)

No outdoor advertising of any kind shall be permitted and no walk-in guests shall be permitted.

[(E)

Reserved.]

(F)

Home occupations.

(1)

A home occupation is an accessory activity of a nonresidential nature that is performed within a dwelling unit, or within a garage accessory thereto. It shall not occupy more than twenty-five percent (25%) of the total floor area of such dwelling unit and in no event occupy more than seven hundred fifty (750) square feet of floor area. A home occupation shall not include the manufacture or repair of transportation-related equipment and shall be subject to the performance standards contained within this Ordinance as applicable.

(2)

The following shall not be permitted under the definition of a home occupation:

(a)

Exterior displays, displays of goods or chattels visible from the outside, or exhibited on the premises by any method which would indicate from the exterior that the dwelling unit, or accessory building, is being utilized in whole or in part as a home occupation.

Exception: One freestanding or one wall sign will be allowed if the home is not located in an organized residential development, is zoned Office Commercial, Neighborhood Commercial, Limited Commercial, General Commercial, or Industrial, and fronts on an arterial road.

(b)

Use, in connection with the home occupation, of any mechanical, chemical or electrical device that would pose a potential hazard to the residential setting, and that may be considered to be an unusual piece of equipment in the residential environment;

(c)

Storage of materials, goods, chattels, etc., outside of a principal or accessory building or other structure;

(d)

External structural alterations not customary in residential buildings;

(e)

Traffic generation in excess of twenty (20) trips per day;

(f)

Traffic generation of a vehicle type not normally expected in a residential setting (over eight thousand five hundred (8,500) pounds gross weight);

(g)

Teaching of more than six (6) pupils simultaneously; or

(h)

Employment by the home occupation of a person other than a resident of the dwelling unit.

(G)

Temporary accessory activities including construction, grading or demolition activities that are necessary and incidental to the development of a principal activity. The temporary condition lasts as long as the construction of the principal activity is in progress.

(H)

(a)

A temporary building or structure may be used as a construction office on a construction project but only as long as the construction permit remains valid; the temporary building or structure must be removed when the project is completed.

(b)

A temporary building or structure may be used as a sales office on a construction project but only as long as fewer than ninety percent (90%) of the lots or condominiums or townhouses have been sold; in other words, the temporary building or structure must be removed when ninety percent (90%) of the lots or condominiums or townhouses have been sold.

(c)

Tractor-trailers are allowed for use as a temporary building for construction purposes only if they are used to store construction equipment and are located on the construction site; such trailers shall be removed at the end of the project.

(I)

Special events with permits from the Town.

(J)

Religious ceremonies.

(K)

One boat dock per residential parcel.

(L)

Community amenities for the use of either the residents of the community only or residents of the community and others, including but not limited to swimming pools, tennis courts, basketball courts, gazebos, golf courses and associated retail shops, and clubhouses with or without food service.

(Ord. 2007-34, § 1, passed 10-1-07)