This Ordinance shall be known as the "Zoning Ordinance," and the map herein referred to, which is identified by the title "Zoning Map, City of Aiken, South Carolina," shall be known as the "Zoning Map".

This Ordinance is adopted pursuant to the authority granted by Chapter 29 of Title 6 of the Code of Laws of South Carolina, as amended, including the amendments in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, except where specific reference is made to authority granted by other provisions of said Code.

This Ordinance is intended to ensure that development is compatible with existing and future needs of the community, while promoting the public health, safety, convenience, order, appearance, prosperity, and general welfare, in accordance with the purposes provided in Section 6-29-710, Code of Laws of South Carolina. Specific purposes of this Ordinance include, but are not limited to, the following.

1.

Provide for adequate light, air, and open space.

2.

Prevent the overcrowding of land, avoid undue concentrations of population, and lessen street congestion.

3.

Facilitate creation of a convenient, attractive, and harmonious community.

4.

Protect and preserve scenic, historic, or ecologically sensitive areas.

5.

Regulate population density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, protection against floods, public activities, and other purposes.

6.

Facilitate economic growth and business development.

7.

Facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage disposal, schools, parks and other recreational facilities, affordable housing, disaster evacuation, and other public services.

8.

Secure safety from fire, flood, and other dangers.

9.

Further the public welfare in any other way specified by City Council.

This Ordinance and the provisions it contains shall govern all development within the incorporated area of the City of Aiken, as now or may be hereafter established, together with such unincorporated areas of Aiken County which City Council and the Aiken County Council may jointly agree to become governed by this Ordinance.

No building, structure, or premises shall be used, and no building, structure, or part thereof shall be erected, moved, remodeled, extended, enlarged, or altered, except in conformity with this Ordinance. In addition, no other activity, including land clearing or tree removal, regulated by this Ordinance shall be authorized unless in conformity with this Ordinance.

In interpreting and applying provisions of this Ordinance, these provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, and general welfare.

No lot shall be so reduced or subdivided in a way that causes it not to meet the requirements in this Ordinance for minimum lot area and lot width, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.

Where there is a conflict or apparent conflict between provisions of this Ordinance, the more restrictive provision shall control.

Where it is possible to implement, administer, or construe a particular provision in more than one way, it shall be implemented, administered, or construed in the way that eliminates or minimizes conflicts with other provisions of this Ordinance.

Whenever this Ordinance imposes a more restrictive standard than required by any other City ordinances or requirements, the provisions of this Ordinance shall govern. Conversely, whenever any City ordinance or requirement imposes a stricter standard than required by this Ordinance, the provisions of such City ordinance or requirement shall govern.

Public regulation of land is entirely separate from and independent of private deed restrictions. No weight shall be given to the effect of deed restrictions in construing this Ordinance, nor shall this Ordinance be given inappropriate consideration in the construction of deed restrictions. Where there is a conflict between this Ordinance and any private restrictions, the more restrictive provisions shall apply.

It is intended that this Ordinance implement the planning policies adopted as part of the City's Comprehensive Land Use and Transportation Plan (hereafter, the "Comprehensive Plan"), as amended and periodically updated, including all supplements and attachments thereto.

The provisions of this Ordinance may be superseded from time to time by the enactment of interim ordinances that affect the timing and issuance of approvals or other standards or provisions of this Ordinance during the period specified by the interim ordinance. Any provision of this Ordinance not specifically regulated by the interim ordinance shall not be affected.

The effective date of this codified, updated, and amended Ordinance shall be November 22, 1999.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

Nothing contained in or omitted from this Ordinance is or shall be construed as a basis for imposing civil liability upon the City, its officers, or employees. The City, its officers, and employees shall not be liable for any injury, damage, loss, expense, or death arising from or related to any act performed pursuant to this Ordinance, including but not limited to inspections, certifications, approvals, denials, and acceptances; the failure to perform any such act; or the adherence to or failure to adhere to any provision, standard, or requirement set forth in this Ordinance.

A.

Building Permits. Nothing in this Ordinance shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof, for which a building permit has been granted prior to the adoption of this Ordinance or a change in this Ordinance, provided construction shall start consistent with the terms and conditions of the building permit and proceed to completion in a timely manner.

B.

Approved Site Plans. Nothing in this Ordinance shall require a change to a site plan approved prior to the adoption of this Ordinance, provided a building permit is issued within 60 days of the effective date of this Ordinance and construction starts consistent with the terms and conditions of the building permit and proceeds to completion in a timely manner.

C.

Approved Concept Plans for PR or PC. Nothing in this Ordinance shall require a change to a concept plan for a Planned Residential or Planned Commercial district approved prior to the adoption of this Ordinance. Any additional approval required to implement a concept plan for which application is made after the effective date of this Ordinance shall follow the requirements in effect at the time of application.

Any home occupation with a current, valid City of Aiken business license existing as of the effective date of this Ordinance shall be permitted to continue indefinitely as long as a business license is obtained each year. If a valid business license is not obtained, or if the business license is revoked, the home occupation may be re-established only in accordance with the provisions of this Ordinance.

The district names in effect prior to the effective date of this Ordinance are hereby converted, as shown on the following table.