Aiken City Zoning Code
CHAPTER 3
USE REGULATIONS
3.1.1. - Types of Use.
All of the Use Categories listed in the following Use Tables are defined and described in Article 2 of this Chapter. The following paragraphs serve as a key to the Use Tables and indicate how each specific use is treated.
A.
Uses Permitted By Right. A "P" indicates that a use is allowed by right. Such uses are subject to all other applicable regulations of this Ordinance.
B.
Conditional Uses. A "C" indicates a use that is allowed provided that it meets the additional listed standards contained in Article 3 of this Chapter. Conditional uses are subject to all other applicable regulations of this Ordinance.
C.
Special Exceptions. An "SE" indicates that a use is allowed only if approved as a special exception by the Board of Zoning Appeals in accordance with the procedures of 6.2.18. Special exception uses are subject to all other applicable regulations of this Ordinance, including the additional listed standards contained in Article 3 of this Chapter.
D.
Use Permitted in Planned Residential. A "♦" indicates a use that may be permitted within a Planned Residential if approved by City Council, in accordance with the procedures of 6.2.16, including the additional listed standards contained in Article 3 of this Chapter.
E.
Uses Not Allowed. The symbol "—" indicates that a use is not allowed.
F.
Design Standards. The final column titled "Design Standards" contains a cross-reference to standards that apply to specific uses in Article 3.
G.
Uses Not Listed. The Planning Director shall use the criteria in 3.2.1.C to determine how an unlisted use should be treated.
3.1.2. - Prohibited Uses.
A.
Uses Not Permitted in Commercial Districts. Uses determined by the Building Official to constitute a hazard, danger, or nuisance to the public because of noise, odor, glare, particulate matter, traffic impediments, or similar reasons, including the storage of hazardous materials (as defined by the National Fire Protection Association Guide or any successor publication thereto officially used by the Building Official) shall not be permitted in any commercial district.
B.
Other Uses Not Permitted. Due to the limited industrial character and environmental assets of Aiken, the following uses are considered noxious and inappropriate and are therefore prohibited within the City limits.
1.
Battery manufacturing or recycling.
2.
Intensive agriculture, including hog farming.
3.
Meat packing.
4.
Petroleum refining and storage.
5.
Plastics manufacturing.
6.
Pulp and paper manufacturing.
7.
Rubber manufacturing.
8.
Tanneries.
3.1.3. - Uses Permitted in the OS District.
The only principal use permitted by right in the OS District is passive recreation. Accessory uses may be permitted as special exceptions by the Board of Zoning Appeals, including, but not limited to: stables and training of horses; parks and picnic grounds; horseback riding trails or paths; bicycle paths; caretaker's facilities; amphitheaters and stages; meeting facilities; museums; accessory restaurants and food service areas; botanical gardens; nature study areas; and similar uses.
3.1.4. - Accessory Uses Listed in Use Tables.
Only those accessory uses that are regulated by district are included in the following use tables. Other typical accessory uses are found in the Use Category definitions in Article 2 of this Chapter.
3.1.5. - Residential District Use Table.
3.1.6. - Nonresidential District Use Table.
3.2.1. - General.
A.
Basis for Classifications. Use Categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The Use Categories provide a systematic basis for assigning land uses to appropriate zoning districts.
B.
Principal Use Characteristics. A principal use is assigned to the Use Category that most closely corresponds to its nature as described in the "Characteristics" subsection of each Use Category.
C.
Considerations Regarding Principal Uses.
1.
Determination of the appropriate category for a proposed principal use shall be made by the Planning Director in accordance with the provisions of 6.2.2.
2.
The following shall be used to determine (1) the appropriate category for a use not specifically listed in the Use Tables or the examples in the Use Category descriptions, and (2) whether a use is considered principal or accessory.
a.
The actual or projected characteristics of the activity in relationship to the stated characteristics of each Use Category.
b.
The relative amount of site area or floor space and equipment devoted to the activity.
c.
Relative amounts of sales from each activity.
d.
The customer type for each activity.
e.
The relative number of employees in each activity.
f.
Hours of operation.
g.
Building and site arrangement.
h.
Vehicles used and their parking requirements.
i.
The relative number of vehicle trips generated.
j.
Signs.
k.
How the use is advertised.
l.
The likely impact on surrounding properties.
m.
Whether the activity is likely to be found independent of the other activities on the site.
3.
When considering appropriate districts for a use not listed in the Use Tables, the district intent statements in Chapter 2 shall be taken into consideration.
D.
Developments with Multiple Principal Uses. Developments with multiple principal uses shall conform to the following.
1.
When all principal uses of a development fall within one Use Category, the entire development is assigned to that Use Category.
2.
When the principal uses of a development fall within different Use Categories, each principal use is classified in the applicable Use Category and each use is subject to all applicable regulations for that Use Category.
3.
Developments with multiple principal uses (such as shopping centers) shall incorporate only those uses allowed in the underlying district.
E.
Accessory Uses. Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated elsewhere in this Ordinance. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the Use Category descriptions.
F.
Use of Examples. The "Examples" subsection of each Use Category lists uses common to that Use Category. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse," but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
G.
Uses Not Included. The "Uses Not Included" subsection provides cross-references to uses that may appear to be part of a particular category, but which are explicitly handled in a different Use Category.
3.2.2. - Residential Use Categories.
A.
Household Living.
1.
Characteristics. Residential occupancy of a dwelling unit by a household on a month-to-month or longer basis.
2.
Examples. Living in houses, duplexes, triplexes, other multi-dwelling structures, retirement center apartments, Type 1 group homes (group homes that are considered single-family residences), and other structures with self-contained dwelling units.
3.
Accessory Uses. Recreational activities, raising of pets, hobbies, swimming pools, storage units, and off-street parking of the occupants' registered vehicles. Home occupations, including in-home care for under six persons (3.4.5) and accessory apartments (3.4.1), are accessory uses subject to additional regulations.
4.
Uses Not Included.
a.
Lodging where unit is rented on a less-than-monthly basis (Overnight Accommodations).
b.
Group homes that are not considered single-family residences such as Type 2 or Type 3 group homes (Group Living).
c.
Nursing or convalescent home or residential assisted living facility not having individual dwelling units (Group Living).
B.
Group Living.
1.
Characteristics. Residential occupancy of a structure by a group of people that does not meet the definition of Household Living. Tenancy is usually arranged on a monthly or longer basis. Generally, Group Living structures have a common eating area for residents, and the residents may receive care, training, or treatment.
2.
Examples. Type 2 group homes for the physically disabled, mentally retarded, or emotionally disturbed; Type 3 group homes for drug and alcohol treatment, and alternative or post-incarceration facilities; nursing or convalescent homes; residential assisted living facilities not having individual dwelling units; orphanages; dormitories, fraternities, and sororities; monasteries and convents.
3.
Accessory Uses. Recreational facilities, associated offices, food preparation and dining facilities, and off-street parking of vehicles for occupants and staff.
4.
Uses Not Included.
a.
Lodging where tenancy may be arranged for periods of less than 30 days (Overnight Accommodations).
b.
Lodging where residents meet the definition of a household, including Type 1 group homes (Household Living).
c.
Congregate care facilities where individual units meet the definition of a dwelling unit (Household Living).
d.
Hospices (Institutions).
3.2.3. - Horse-Related Uses.
1.
Characteristics. Uses and facilities related to both commercial and pleasure use of horses.
2.
Examples. Commercial or pleasure stables; keeping of horses in paddocks; special equestrian facilities such as polo fields, horse show areas, dressage areas, racing tracks, and training facilities; repair of leather goods and tack; equine hospitals and surgical facilities; farriers; and riding or driving schools.
3.
Accessory Uses. Offices; stables; tack rooms; trailer parking areas; storage containers for manure piles and feed; and storage of equipment, trailers, and carriages. Accessory apartments (3.4.1) are accessory uses subject to additional regulations.
3.2.4. - Public and Civic Use Categories.
A.
Community Service.
1.
Characteristics. Uses of a public, nonprofit, or charitable nature providing ongoing education, training, or counseling to the general public on a regular basis, without a residential component.
2.
Examples. Libraries, museums, senior centers, community centers, youth club facilities, and social service facilities.
3.
Accessory Uses. Offices; meeting areas; limited retail sales; food preparation and dining areas; off-street parking, health, day care, and therapy areas; indoor or outdoor recreation and athletic facilities.
4.
Uses Not Included.
a.
City community service (Public Project).
b.
Private lodges or service clubs, and private or commercial athletic or health clubs (Retail Sales and Service).
c.
Parks (Parks and Open Areas).
d.
Treatment centers, hospices, and transient lodging or shelters (Institutions).
e.
Counseling in an office setting (Office).
B.
Day Care.
1.
Characteristics. Uses providing care, protection, and supervision for more than six children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day.
2.
Examples. Preschools, child care centers, nursery schools, latch-key programs, and adult day care programs.
3.
Accessory Uses. Offices, recreation areas, food preparation and dining areas, and off-street parking.
4.
Uses Not Included.
a.
On-site public or private schools or facilities operated in connection with a business or other principal use where children are cared for while parents or guardians are occupied on the premises (Accessory Use).
b.
In-home care for six or fewer individuals is considered a Type 2 Home Occupation (3.4.5).
C.
Educational Facilities.
1.
Characteristics. Public and private schools at the primary, elementary, middle, junior high, or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree usually in a campus setting.
2.
Examples. Public and private daytime schools, boarding schools, military academies, universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, and seminaries.
3.
Accessory Uses.
a.
Schools: Play areas, cafeterias, recreational and sports facilities, auditoriums, and before- or after-school day care.
b.
Colleges: Offices, housing for students and faculty, food service, day care, libraries, laboratories, health and sports facilities, theaters, meeting areas, off-street parking, maintenance facilities, and support commercial (a college-operated bookstore, for example).
4.
Uses Not Included.
a.
Preschools or nursery schools (Day Care).
b.
Business, driving, and trade schools (Retail Sales and Service).
D.
Government Facilities.
1.
Characteristics. Offices, storage, maintenance, and other facilities for the operation of local, State, or federal government.
2.
Examples. City Hall, maintenance facilities, fire stations, police stations, emergency medical and ambulance stations, detention centers, post offices, and local, State or federal offices.
3.
Accessory Uses. Storage, maintenance and fueling facilities, satellite offices, cafeterias, auditorium and meeting rooms, day care, infirmaries, holding cells, and off-street parking areas.
4.
Uses Not Included.
a.
City facilities (Public Projects).
b.
County, or State parks or recreational facilities (Parks and Open Areas).
c.
Water and wastewater facilities, gas, electric, and other infrastructure services, whether public or private (Major or Minor Utility).
d.
Waste and recycling services (Waste-Related Service).
e.
Elementary and secondary schools, colleges, and technical schools (Educational Facilities).
E.
Hospitals.
1.
Characteristics. Uses providing medical or surgical care to patients and offering overnight care.
2.
Examples. Medical centers and hospitals.
3.
Accessory Uses. Out-patient clinics, offices, recreational facilities, laboratories, teaching facilities, meeting areas, cafeterias, day care, off-street parking, maintenance facilities, limited support retail, pharmacy, housing for staff or trainees, and temporary housing for relatives of patients.
4.
Uses Not Included.
a.
Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (Institutions).
b.
Medical clinics that provide care where patients are not kept overnight (Office).
F.
Institutions.
1.
Characteristics. Uses that primarily provide meeting areas for religious activities, treatment of terminally ill or those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs.
2.
Examples. Churches, temples, synagogues, and mosques; treatment centers and hospices; and transient lodging or shelters for the homeless.
3.
Accessory Uses. School and recreational facilities, meeting rooms, food service and dining areas, day care, cemeteries, columbariums, mausoleums, memorial parks, storage, off-street parking, and staff residences located on the same site.
4.
Uses Not Included.
a.
Congregate care facilities where individual units meet the definition of a dwelling unit (Household Living).
b.
Residential assisted living facilities (Group Living).
c.
Type 1 Group Homes (Household Living).
d.
Type 2 or Type 3 group homes (Group Living).
e.
Elementary and secondary schools, colleges, and technical schools as a principal use (Educational Facilities).
G.
Parks and Open Areas.
1.
Characteristics. Non-City uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, and having few structures.
2.
Examples. Parks, golf courses, public swimming pools, non-commercial swim and/or tennis clubs, cemeteries, mausoleums and memorial parks, plazas, recreational trails, botanical gardens, and nature preserves; and membership clubs and lodges.
3.
Accessory Uses. Clubhouses, swimming pools, maintenance facilities, concessions, caretaker's quarters, and off-street parking.
4.
Uses Not Included.
a.
City parks (Public Projects).
b.
Commercial swimming pools, driving ranges, and miniature golf courses (Outdoor Entertainment).
c.
Commercial tennis or swim clubs, health clubs or spas (Retail Sales and Service).
H.
Passenger Terminal.
1.
Characteristics. Non-City facilities for the takeoff and landing of airplanes and helicopters, and terminals for rail or bus service.
2.
Examples. Airports, bus and train passenger terminals, and helicopter landing facilities.
3.
Accessory Uses. Freight handling areas, concessions, offices, off-street parking, and maintenance and fueling facilities.
4.
Uses Not Included. Private helicopter landing facilities that are accessory to another use (for example, Hospital or Government Facility).
I.
Utilities.
1.
Characteristics. Non-City public or private infrastructure serving a limited area with no on-site personnel (Minor Utility) or the general community and possibly having on-site personnel (Major Utility).
2.
Examples.
a.
Minor Utilities include water and sewage pump stations, stormwater retention and detention facilities, and telephone exchanges.
b.
Major Utilities include water towers, waste treatment plants, communication towers, and electrical substations.
3.
Accessory Uses. Control, monitoring, data or transmission equipment, limited storage, and off-street parking.
4.
Uses Not Included.
a.
City utilities (Public Projects).
b.
Non-public maintenance yards and buildings (Light Industrial Service).
c.
Non-public utility offices (Office).
3.2.5. - Commercial Use Categories.
A.
Eating Establishments.
1.
Characteristics. Establishments that prepare and sell food for on or off-premise consumption.
2.
Examples. Restaurants, drive-ins, fast-food establishments, yogurt or ice cream shops, outdoor vendors with permanent facilities, small-scale catering establishments, and pizza delivery.
3.
Accessory Uses. Decks and patios for outdoor seating, drive-through facilities, customer and employee parking areas, and valet parking facilities.
4.
Uses Not Included. Nightclubs and bars (Retail Sales and Service).
B.
Entertainment, Outdoor.
1.
Characteristics. Large, generally commercial uses providing daily or regularly scheduled recreation or entertainment-oriented activities. Primarily outdoors, activities may take place in a number of structures.
2.
Examples. Golf driving ranges, miniature golf facilities, commercial tennis facilities and swimming pools, commercial amphitheaters, publicly- or privately-owned active sports facilities such as ballfields and basketball courts, or drive-in theaters.
3.
Accessory Uses. Restaurants, bars, concessions, off-street parking, and maintenance facilities.
4.
Uses Not Included.
a.
Indoor theaters (Retail Sales and Service).
b.
Golf courses, private noncommercial recreation, or country club (Parks and Open Areas).
c.
Special equestrian events or facilities (Horse-Related Use).
d.
Indoor entertainment activities such as bowling alleys, game arcades, pool halls, dance halls, or indoor firing ranges (Retail Sales and Service).
C.
Office.
1.
Characteristics. Activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.
2.
Examples. Professional services such as lawyers, accountants, bookkeepers, engineers, or architects; financial businesses such as lenders, investment or brokerage houses, collection agencies, or real estate and insurance agents; advertising offices; data processing; mail order or direct-mail offices; sales offices; government offices and public utility offices; TV and radio studios; educational and scientific research offices; medical and dental clinics or labs; nursing services; and blood-collection facilities.
3.
Accessory Uses. Cafeterias, health facilities, technical libraries, meeting rooms, day care, off-street parking, or other amenities primarily for the use of on-site employees.
4.
Uses Not Included.
a.
City offices (Public Projects).
b.
Offices that are part of and located with a principal use in another category (Accessory Use).
c.
Contractors and others who perform services off-site, but store equipment and materials or perform fabrication or similar work on-site (Light Industrial Service).
d.
Urgent care or emergency medical offices (Retail Sales and Service).
D.
Overnight Accommodations.
1.
Characteristics. Residential units arranged for short term stays of less than 30 days for rent or lease.
2.
Examples. Bed and breakfast establishments, hotels, motels, inns, and extended-stay facilities.
3.
Accessory Uses. Swimming pools and other recreational facilities, limited storage, offices, food preparation and dining facilities, laundry facilities, meeting facilities, and off-street parking.
E.
Parking, Commercial.
1.
Characteristics. Facilities that provide parking not accessory to a specific use for which a fee may or may not be charged.
2.
Examples. Short- and long-term fee parking facilities; and mixed parking lots (partially accessory to a specific use, partly for rent to others).
3.
Accessory Uses. Small structures intended to shield parking attendants from the weather.
4.
Uses Not Included.
a.
Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby (Accessory Use).
b.
Public transit park-and-ride facilities (Major Utility).
c.
Sales or servicing of vehicles (Vehicle Sales and Service).
F.
Retail Sales and Service.
1.
Characteristics. Companies or individuals involved in the sale, lease, or rental of new or used products, or providing personal services or entertainment to the general public.
2.
Examples.
a.
Sales-Oriented: Stores selling, leasing, or renting consumer, home, and business goods including alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, books, cameras, carpet and floor coverings, crafts, clothing, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, medical supplies, musical instruments, pet food and/or pets, pharmaceuticals, photo finishing, picture frames, plants, printed material, produce, sporting goods, stationery, tobacco and related products, and videos.
b.
Personal Service-Oriented: Animal grooming; banks; business, driving, martial arts and other trade schools; dance, art, or music studios or classes; security services; dry-cleaning and laundry drop-off establishments; emergency medical care offices; hair, tanning, and personal care services; health clubs and gyms; laundromats; mortuaries; photographic studios; photocopy, blueprint, and quick-sign services; psychics and mediums; taxidermists; and veterinarians.
c.
Entertainment-Oriented: Bars and taverns; indoor entertainment activities such as bowling alleys, game arcades, pool halls, dance halls, indoor firing ranges, and movie or other theaters.
d.
Repair-Oriented: Locksmith; repair of appliances, bicycles, canvas products, clocks, guns, jewelry, musical instruments, office equipment, radios, shoes, televisions, and watches; tailor; and upholsterer.
3.
Accessory Uses. Offices, food preparation and dining areas, a residential unit for security purposes, storage of goods, manufacture or repackaging of goods for on-site sale, off-street parking, and parking lot/sidewalk sales.
4.
Uses Not Included.
a.
Restaurants (Eating Establishments).
b.
Small-scale catering (Eating Establishments) and large-scale catering (Manufacturing and Production).
c.
Laundry and dry-cleaning plants (Industrial Service).
d.
Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation (Wholesale Sales).
e.
Repair and service of motor vehicles, motorcycles, and light and medium trucks (Vehicle Sales and Service).
G.
Self-Service Storage.
1.
Characteristics. Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property.
2.
Examples. Mini-warehouses.
3.
Accessory Uses. Living quarters for a resident manager or security, leasing offices, and outside storage of boats and campers.
4.
Uses Not Included.
a.
A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred (Warehouse and Freight Movement).
b.
Use of the storage areas for sales, service, and repair operations (Retail Sales and Service), or manufacturing (Manufacturing and Production).
c.
Rental of trucks or equipment (Vehicle Sales and Service: Truck or Trailer Rental).
H.
Vehicle Sales and Service.
1.
Characteristics. Direct sales of and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles.
2.
Examples. Full-service, mini-service, and self-service fuel stations; car washes; quick lubrication services; vehicle repair, transmission, or muffler shop; towing service; auto body shop; alignment shop; auto upholstery shop; auto detailing; tire sales and mounting; and sales, rental, or leasing of consumer vehicles including passenger vehicles, motorcycles, light and medium trucks, boats, and other recreational vehicles.
3.
Accessory Uses. Offices, sales of parts, fueling, towing, and vehicle storage.
4.
Uses Not Included.
a.
Refueling facilities for fleet vehicles that belong to a specific use (Accessory Use).
b.
Vehicle parts sales as a principal use (Retail Sales and Service).
3.2.6. - Industrial Use Categories.
A.
Heavy Industrial.
1.
Characteristics. Firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods using natural, man-made, raw, secondary, or partially completed materials. Activities may be considered noxious in terms of their impacts on surrounding uses due to noise, glare, dust, odor, or hazardous materials, or their high incidence of rail or truck traffic, and/or outdoor storage of products, materials, or equipment. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but, if so, they are a subordinate part of sales. Few customers, especially the general public, come to the site.
2.
Examples. Concrete batching and asphalt mixing; fuel oil distributors; production or fabrication of metals or metal products including enameling and galvanizing; processing of food and related products, including seafood processing; large-scale catering establishments; sawmills; woodworking, including cabinet makers and furniture manufacturing; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; clothing or textile manufacturing; movie production facilities; manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items, and other electrical items; production of artwork and toys; and sign making.
3.
Accessory Uses. Offices, cafeterias, off-street parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and a residential unit for security purposes.
4.
Uses Not Included.
a.
Manufacturing of goods to be sold primarily on-site and to the general public (Retail Sales and Service).
b.
Manufacture and production of goods from composting organic material (Waste-Related Service).
c.
Small-scale catering establishments (Eating Establishments).
B.
Restricted Industrial.
1.
Characteristics. Firms involved in the manufacturing, processing, fabrication, packaging, or assembly of goods using natural, man-made, secondary, or partially completed materials. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Activities considered noxious because of their impacts on surrounding uses due to noise, glare, dust, odor, or hazardous materials, high incidence of rail or truck traffic, and/or outdoor storage of products, materials, or equipment are prohibited.
2.
Examples. Fabrication of metal or metal products including appliances; woodworking including cabinet-making and furniture manufacturing; clothing manufacturing; movie production facilities; assembly of equipment, instruments, appliances, precision items, and other electrical items.
3.
Accessory Uses. Offices, employee recreational facilities, cafeterias, day care, on-site repair facilities, off-street parking, storage, and a residential unit for security purposes.
4.
Uses Not Included.
a.
Manufacture of passenger vehicles and heavy construction equipment (Heavy Industrial)
b.
Concrete batching and asphalt mixing (Heavy Industrial)
c.
Food processing (Heavy Industrial)
d.
Fuel distribution (Heavy Industrial)
e.
Sawmills (Heavy Industrial)
f.
Textiles (Heavy Industrial)
g.
Any use prohibited by 3.1.2 (Ord. 10112004C)
C.
Light Industrial Service.
1.
Characteristics. Firms engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Small batch or artisan manufacturing. Few customers, especially the general public, come to the site.
2.
Examples. Welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; building, heating, plumbing, or electrical contractors; printing, publishing, and lithography; exterminators; janitorial and building maintenance services; research, testing, and development laboratories; laundry, dry-cleaning, and carpet cleaning plants; and photo-finishing laboratories.
3.
Accessory Uses. Offices, employee recreational facilities, cafeterias, day care, on-site repair facilities, off-street parking, storage, and a residential unit for security purposes.
4.
Uses Not Included. Contractors and others who perform services off-site if major equipment and materials are not stored on-site and fabrication or similar work is not carried on at the site (Office).
D.
Warehouse and Freight Movement.
1.
Characteristics. Firms involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers.
2.
Examples. Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; parcel services; and the stockpiling of sand, gravel, or other aggregate materials.
3.
Accessory Uses. Offices, day care, truck fleet parking and maintenance areas, off-street parking, and a residential unit for security purposes.
4.
Uses Not Included.
a.
Uses that involve the transfer or storage of solid or liquid wastes (Waste-Related Service).
b.
Mini-warehouses (Self-Service Storage).
E.
Waste-Related Service.
1.
Characteristics. Characterized by uses that receive solid or liquid wastes from others for transfer to another location and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material.
2.
Examples. Waste transfer or composting, and recycling centers.
3.
Accessory Uses. Offices, off-street parking, recycling of materials, on-site refueling and repair, and repackaging and transshipment of by-products.
4.
Uses Not Included. Disposal of dirt, concrete, asphalt, and similar non-decomposable materials is considered fill.
F.
Wholesale Trade.
1.
Characteristics. Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.
2.
Examples. Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail-order houses; and wholesalers of food, clothing, auto parts, and building hardware.
3.
Accessory Uses. Offices, product repair, warehouses, cafeterias, day care, off-street parking, minor fabrication services, repackaging of goods, and a residential unit for security purposes.
4.
Uses Not Included.
a.
Firms that engage primarily in sales to the general public or on a membership basis (Retail Sales and Service).
b.
Firms that are primarily storing goods with little on-site business activity (Warehouse and Freight Movement).
(Ord. No. 02102020C , § 1(Exh. A), 2-10-2020)
3.3.1. - Applicability.
The provisions of this Article shall only apply to conditional or special exception uses in the Use Tables in Chapter 3, Article 1. Where a use is permitted in a PR or PC District that is considered a conditional or special exception use in another district, City Council may apply the specific use standards of this Article in approving the PR or PC District concept plans and any accompanying site plans.
3.3.2. - Adult Businesses.
A.
Location. An adult business shall not be located as follows.
1.
On any lot or parcel within 1500 feet of any zoning district within which residential uses are permitted by right or of any lot or parcel on which a residential use exists;
2.
On any lot or parcel within 1500 feet of any lot or parcel on which a church, other house of worship, or any religious use is located;
3.
On any lot or parcel within 1500 feet of any lot or parcel on which a private or public school or educational use is located;
4.
On any lot or parcel within 1500 feet of any lot or parcel on which a public playground, public swimming pool, public recreational area, public park, or similar use is located; or
5.
On any lot or parcel within 1500 feet of any lot or parcel on which an adult business use is located.
B.
Measurement. Distances cited above shall be measured from lot line to lot line at the closest point between the two lots, parcels, or districts, without respect to intervening buildings, structures, or vegetation.
C.
Miscellaneous.
1.
Adult businesses shall not allow persons under the age of eighteen years on the premises of the business.
2.
This Section does not and shall not be construed to authorize or permit any form of activity, use, establishment, or business prohibited by other ordinances of the City or the laws of the State of South Carolina.
3.3.3. - Bank, Credit Union, or Other Financial Institution.
A bank, credit union, or other financial institution located in the LB District shall provide only indoor transactions, which shall be further limited to the hours between 6:00 a.m. and 10:00 p.m. No automated teller machine, drive-through windows, or night drop windows shall be permitted. Landscaped buffers adjacent to any residential district shall be provided in accordance with 4.6.7.E.
3.3.4. - Bed and Breakfast Establishments.
In addition to promoting tourism, these provisions are also intended to allow the adaptive reuse of estates and dwellings of historic significance and appropriate new uses in Historic Districts.
A.
Bed and Breakfast Home Stay. A Bed and Breakfast Home Stay with up to three bedrooms for registered overnight guests shall be subject to the following.
1.
The use shall be owner-occupied.
2.
The use shall not create noise, light, traffic, or other conditions detrimental to neighboring residents.
3.
The use shall comply with City codes.
4.
The resident owner shall maintain a register listing the name, address, and date of occupancy of each overnight guest.
5.
The resident owner shall comply with all tax, business license, and revenue collection ordinances of the City and State.
6.
The use shall comply with State law, including, but not limited to, Chapter 4 of Title 45, South Carolina Code of Laws.
7.
Off-street parking shall comply with 4.5.1 and applicable portions of 4.5.4 as determined by the Planning Director and City Engineer.
8.
A Bed and Breakfast Home Stay in the RSS District on a parcel at least three acres in size may provide a barn with a maximum of two stalls per guest bedroom for stall rental to registered guests.
9.
The Zoning Official may inspect the premises without prior notice during normal business hours.
10.
The principal structure shall be single-family residential in character and the principal use shall be single-family residential.
11.
No exterior alterations to the building other than those necessary to meet building codes or assure the safety of the structure shall be allowed for the purpose of accommodating the use.
12.
Meals shall only be served to registered guests.
13.
Business meetings, receptions, and other events from which the property owner may benefit financially involving anyone other than registered overnight guests shall be prohibited.
14.
Retail sales shall be limited to postcards, shirts, and other small gift items directly associated with the use for purchase by registered guests only.
15.
One sign not to exceed 1.5 square feet in area may be allowed either on the building or at the street on a wall or pole not to exceed five feet in height.
B.
Bed and Breakfast Inn. A Bed and Breakfast Inn with four to ten bedrooms for registered overnight guests shall be subject to the following.
1.
The use shall comply with paragraphs 1 through 9 of 3.3.4.A applicable to a Bed and Breakfast Home Stay.
2.
The structure shall be single-family residential in character.
3.
Meals may only be served to registered overnight guests and their invitees with maximum seating at any one time of two times the number of guest rooms plus registered guests unless a special exception allowing meetings in accordance with paragraph 5 below is granted.
4.
Retail sales are limited to postcards, shirts, and other small gift items directly associated with the use for purchase by registered overnight guests and their invitees unless a special exception is granted in accordance with paragraph 5 below, in which case sales may be made to individuals associated with meetings.
5.
Business meetings, receptions, and other events from which the property owner may benefit financially involving people other than registered overnight guests may be permitted by special exception if the criteria at 3.3.4.C.1 are met. The maximum number of attendees at meetings at any one time may be three times the number of guest rooms plus registered guests. The maximum occupancy requested for such meetings shall be stated in the application for the special exception, but may be further limited by the fire marshal, building codes, or by conditions imposed by the Board of Zoning Appeals to assure compatibility of the proposed use with surrounding uses. Meals may be served to all attendees at such events.
6.
A wall-mounted sign not to exceed 1.5 square feet in area may be located on the exterior wall of the dwelling. In addition, on each street frontage, either a non-backlit, freestanding sign not to exceed 1.5 square feet in area and five feet in height or a wall-mounted sign not to exceed 1.5 square feet in area may be erected. Each sign may be externally illuminated by a low-wattage light (see 4.4.10.B.3).
C.
Bed and Breakfast/Meeting Facility. A Bed and Breakfast/Meeting Facility with four to ten bedrooms for registered overnight guests and meeting rooms plus other areas for events may be allowed as a special exception in the Limited Professional (LP) District subject to the following requirements.
1.
The subject property:
a.
is at least four acres in area;
b.
is listed on the Aiken Historic Register either individually or as part of a district and individually on the National Register of Historic Places;
c.
can accommodate at least 50 of the required parking spaces on the site itself with the remainder of the required parking allowed to be on-street contiguous to the site but not in front of another home or business; and
d.
is surrounded by a wall or dense vegetative screen at least six feet in height, which shall remain.
2.
The use shall comply with paragraphs 1 through 9 of 3.3.4.A applicable to a Bed and Breakfast Home Stay.
3.
The structure shall be single-family residential in character.
4.
Exterior alterations to allow the use, including new parking areas and the associated removal of trees and vegetation, must obtain a Certificate of Appropriateness.
5.
Meals not associated with meetings may be served to anyone from 7:30 a.m. (Ord. 09282009D) until 11:00 p.m. with a maximum seating capacity set by the Department of Public Safety.
6.
Business meetings, receptions, and other events from which the property owner may benefit financially involving people other than registered guests may be held. The maximum number of attendees at meetings and events at any one time shall be set by the Department of Public Safety. Such meetings and events shall end by 11:00 p.m. Meals may be served to all attendees at such events.
7.
Outdoor amplified music shall be allowed as follows:
a.
paid admission concerts every other week that end no later than 10:00 p.m. except for New Year's Eve celebrations which shall end no later than 12:30 a.m. New Year's Day; (Ord. 09282009D)
b.
music which accompanies dining is allowed but must conclude by 10:00 p.m.; and
c.
outdoor amplified music for private events is not allowed except for nonprofit fundraisers in which case the music shall end no later than 10:00 p.m.
8.
Retail sales are permitted to guests and their invitees and attendees at meetings and other events for items directly associated with the use and/or Aiken by using up to 1500 square feet which can be located in more than one area within the subject property. Gallery or exhibition space is allowed but is not subject to the 1500-square-foot limit. (Ord. 04092007)
9.
A wall-mounted sign not to exceed 1.5 square feet in area may be located on an exterior wall of the dwelling. In addition, on each street frontage, either a non-backlit, freestanding sign not to exceed 1.5 square feet in area and five feet in height or a wall-mounted sign not to exceed 1.5 square feet in area may be erected. Each sign may be externally illuminated by a low-wattage light (see 4.4.10.B.3).
3.3.5. - Car Wash.
A car wash located in the DB District shall not incorporate fuel sales.
Any car wash facility shall be paved and incorporate drainage meeting the City Engineer's standards.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
3.3.6. - Convenience Store.
No convenience store permitted in the LB District shall provide fuel sales.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
3.3.7. - Day Care.
A.
General. Day care facilities shall be required to meet the following standards.
1.
Day care facilities shall comply with all applicable State laws.
2.
At least 100 square feet of outdoor play area shall be provided for each occupant (other than employees).
3.
The outdoor play area shall be enclosed by a fence having a minimum height of four feet which shall be maintained in good condition.
4.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
5.
An off-street drop-off and loading area shall be provided.
B.
Day Care Facilities in the RML, RMH, RMP, LP, or LB Districts. Day care facilities located in the RML, RMH, RMP, LP, or LB Districts shall only be permitted to operate between the hours of 6:00 a.m. and 10:00 p.m.
3.3.8. - Duplex Residential.
Duplex residential development is permitted in the O, GB, and PC Districts, provided that such residential development is part of a larger project, the residential component does not exceed 50 percent of the land area of the project, and a site plan for the project is reviewed in accordance with 6.2.9.
3.3.9. - Eating Establishment.
Eating establishments permitted in the LB or HD District are subject to the following requirements:
1.
The maximum gross floor area shall not exceed 2,500 square feet in the HD District;
2.
All off-street parking shall be located behind the front yard setback line;
3.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E;
4.
In the LB District, the hours of operation, including deliveries, shall be limited to 6:00 a.m. to 10:00 p.m.;
5.
No outdoor entertainment or speaker system is permitted; and
6.
Signs shall not be internally illuminated.
3.3.10. - Fuel Sales.
A.
Considered a Principal Use. Fuel sales that are associated with a convenience store or similar use shall always be considered a principal use and permitted only in those districts that allow fuel sales.
B.
In the PC District. Fuel sales in the PC District shall be permitted only when the facility is incorporated in a larger commercial project, and when access to the facility is shared with such project.
C.
In the DB District. Fuel sales in the DB District shall be permitted only when the facility is associated with a convenience store.
3.3.11. - Group Home, Type 1.
A Group Home, Type 1 is permitted in the O, GB, and PC Districts, provided that such residential development is part of a larger project, the residential component does not exceed 50 percent of the land area of the project, and a site plan for the project is reviewed in accordance with 6.2.9.
A Group Home, Type 1 is subject to all applicable provisions under South Carolina law including, but not limited to, Section 6-29-770 et seq.; any applicable regulations, registration procedures, building code mandates, as well as all licensing and operational requirements of all federal, State, and local governmental agencies with jurisdiction in this area. All applicable City application procedures must be met in addition. (Ord. 10132008A)
3.3.12. - Group Home, Type 2 or 3.
A Group Home Type 2 or Type 3 shall meet the following standards.
1.
Compliance with all applicable State laws;
2.
A site plan is approved in accordance with 6.2.9;
3.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E; and
4.
No Group Home Type 2 or 3 is located within 500 feet of any existing Group Home Type 2 or 3. Such distance shall be measured from lot line to lot line.
3.3.13. - Group Living.
Group living shall be located no closer than 50 feet to any property line.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
3.3.14. - Industrial Uses.
Information about the following factors shall be provided to the Building Official in order to make a determination whether an industrial use is considered light or heavy industrial and whether the use is prohibited within the City limits. Standard accepted methods of measurement as called for by the Environmental Protection Agency (EPA) shall be utilized.
1.
Noise.
2.
Vibration.
3.
Smoke.
4.
Toxic gas.
5.
Particulate matter.
6.
Odor.
7.
Heat.
8.
Glare.
9.
Electromagnetic interference.
10.
Radioactivity.
11.
Fire hazard.
12.
Other similar conditions.
3.3.15. - Large Retail Project.
Any new Large Retail Project or one for which the cost of alterations, renovation, or expansion in any one-year period exceeds 50 percent of the appraised value of the development as set by the Aiken County Tax Assessor shall comply with the following.
A.
Permitted Locations. Such a project shall be located only in the Planned Commercial (PC), Planned Residential (PR), or General Business (GB) zones. For a Large Retail Project in any of the three zones, approval of a concept plan as set forth in the provisions for the PC zone, including landscaping and signage, shall be required. After the concept plan is approved, site/landscape plan approval shall be required prior to issuance of a building permit.
B.
Character of Design. Buildings shall be designed in a way that will reduce massive scale, provide visual interest, and avoid overwhelming surrounding development. The buildings shall be configured in a manner harmonious with topography and vegetation.
C.
Architectural Controls.
1.
Materials. Predominant exterior building materials may include brick, wood, stone, tile, split concrete block, or stucco. Smooth-faced concrete block are not permitted.
2.
Colors. Exterior façade colors must be low-reflecting, low-intensity, subtle, and neutral or earth-toned. Building trim may feature brighter, complementary colors that do not overwhelm the primary colors. Neon tubing is not allowed as an accent material.
3.
Rooflines. Rooflines shall be varied to add interest, minimize massive scale, and complement the character of nearby neighborhoods by using parapets, gables, eaves, or other similar designs.
4.
Exterior Walls. No large expanse of blank exterior wall will be allowed. Variation may be achieved by using recesses, projections, windows, columns, horizontal and vertical offsets, awnings, canopies, and other features.
5.
Screening of Rooftop or Other Mechanical or Electrical Equipment. Equipment shall be screened to minimize noise and views from all directions except overhead. If the equipment is roof-mounted, the screening shall be designed to conform architecturally to the design of the building. Walls or evergreen shrubbery must screen ground-mounted mechanical or electrical equipment; shrubbery must be large enough at the time of planting to screen the equipment.
6.
Location of Walkways and Entrances. The building design shall clearly indicate to visitors where entrances are located. Walkways shall be well-lighted and marked, easily accessible to parking areas, and in the safest areas.
7.
Location and Appearance of Outdoor Sales and Storage Areas. Outdoor sales areas shall be incorporated into the overall design of the building and shall be screened with walls and/or fences not to exceed 15 feet in height. Materials, colors, and design of such walls and fences shall conform to those used predominantly on the principal building. To prevent unsightly clutter, outdoor storage of products in an area where customers are not permitted is prohibited.
8.
Outdoor Lighting. Lighting shall comply with the requirements for the Planned Commercial zone at 4.3.8.
9.
Types, Heights, and Location of Perimeter Fences. Fences shall not exceed eight feet in height except those for outdoor sales and storage areas. Chain-link fencing is not permitted.
D.
Landscaping.
1.
General. A conceptual landscape plan shall be incorporated as part of concept plan approval. Prior to issuance of a building permit, approval of a detailed landscape plan conforming to the Landscaping and Tree Preservation provisions in Chapter 4 shall be approved except where such provisions would conflict with the following.
2.
Planting Strip Along a Street Right-of-Way.
a.
Along any frontage adjacent to a street right-of-way including out-parcels, there shall be a landscaped planting strip at least 30 feet in depth. Any of this strip subsequently dedicated to the City to be preserved as planting strip shall still be included in meeting the requirements of this section.
b.
The maximum number of trees must be planted as determined by the Planning Director taking into account the size of the trees at maturity. The Planning Director shall approve the type, size, and location of trees as well as any combination of large and small trees to meet this requirement. Any area in the planting strip beyond the minimum area required shall not be included in determining the required number of trees.
c.
There shall be a continuous screen consisting of either evergreen shrubbery and/or a berm with plantings complying with the following.
i.
If only shrubbery is used, the plantings shall be at least three feet high after pruning at the time of planting and shall be planted no more than five feet on center in at least two staggered rows.
ii.
Any berm must be at least two feet high. Any berm less than five feet high must be planted with evergreen shrubbery at least two feet high after pruning at the time of planting and shall be planted no more than five feet on center in at least two staggered rows.
iii.
If a berm without shrubbery is used, it shall be at least five feet high and be planted with ground cover.
iv.
The screen shall be maintained at a minimum of five feet in height after plantings have matured.
d.
The planting strip may include a sidewalk or pathway parallel to the street and/or sidewalks or pathways perpendicular to the street to provide a pedestrian connection to parking areas.
3.
Screening of Garbage and Trash Collection Areas and Delivery and Loading Areas. These areas shall be screened from view of adjacent property and street rights-of-way with a masonry wall or wooden fence and/or evergreen shrubbery, shall be located away from pedestrian and vehicular traffic, and shall be out of sight to the maximum feasible extent.
E.
Delivery and Loading.
1.
General. Delivery and loading areas shall be designed and located to minimize visual and noise impacts to residential areas.
2.
Setbacks and Buffers. Each delivery and loading dock shall be set back at least 75 feet from land zoned or used residentially including a landscaped buffer at least 30 feet in depth along the property line conforming to 4.6.7.E.
3.
Trucks. Delivery trucks shall not be parked during non-delivery hours with any motor, compressor, refrigerator or similar device running unless it is at least 50 feet from property zoned or used residentially.
F.
Signage. In addition to complying with the sign provisions in Chapter 4, all signs within in a new or altered Large Retail Project shall be compatible and use similar design elements.
G.
Traffic. The applicant shall submit a traffic impact study for the proposed project. The study shall include information as required by the Planning Director. The developer/owner shall be responsible for any new or additional roads or improvements, turn lanes, traffic signals, or other improvements made necessary by the project.
H.
Waiver of Requirements. City Council may waive any requirements of this section for alteration or enlargement of an existing project where compliance would be impractical. (Ord. 05102004B)
3.3.16. - Liquor Store.
Liquor stores in the DB zone districts must be located at least 200 feet from a property occupied by a single-family residence.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— Ord. No. 11122018C , § 1(Exh. A), adopted November 12, 2018, amended § 3.3.16 and in doing so changed the title of said section from "Manufactured Home" to "Liquor Store," as set out herein.
3.3.17. - Manufactured Home.
See the standards in 4.2.7, Manufactured Home Subdivisions, or 4.2.8, Manufactured Home Parks.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— Ord. No. 11122018C , § 1(Exh. A), adopted November 12, 2018, added § 3.3.16 and in so doing renumbered former § 3.3.16 as § 3.3.17, as set out herein.
3.3.18. - Nightclub or Bar.
Nightclubs or bars in the DB zone districts must be located at least 200 feet from a property occupied by a single-family residence.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
3.3.19. - Outdoor Entertainment.
Outdoor entertainment establishments located adjacent to a residential district or use may be permitted subject to the following conditions.
1.
The use shall only be permitted to operate between the hours of 6:00 a.m. and 10:00 p.m.
2.
Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
3.
Any outdoor speakers or public address system shall only be permitted where no sound so produced can be heard at the residential district boundary.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— Ord. No. 11122018C , § 1(Exh. A), adopted November 12, 2018, added § 3.3.18 and in so doing renumbered former § 3.3.17 as § 3.3.19, as set out herein.
3.3.20. - Single-Family Attached Residential.
Any attached single-family housing must comply with the standards at 4.2.9 and with the review process at 6.2.16. In addition, attached single-family residential development is permitted in the O, GB, and PC Districts, only if such residential development is part of a larger project, the residential component does not exceed 50 percent of the land area of the project, and a site plan for the project is reviewed in accordance with 6.2.9.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— Ord. No. 11122018C , § 1(Exh. A), adopted November 12, 2018, added § 3.3.16 and § 3.3.18 and as a result §§ 3.3.18—3.3.26 have been renumbered as §§ 3.3.20—3.3.28, as set out herein.
3.3.21. - Single-Family Detached Residential.
Detached single-family residential development is permitted in the O, GB, and PC Districts, provided that such residential development is part of a larger project, the residential component does not exceed 50 percent of the land area of the project, and a site plan for the project is reviewed in accordance with 6.2.9.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.3.22. - Stable, Commercial.
3.3.23. - Stable, Pleasure.
A pleasure stable allowed in accordance with the Use Tables in Chapter 3, Article 1, must comply with the following. These provisions are intended to cover the keeping of horses, whether in enclosed stables or in open paddocks. See the standards in 8.1.11 for nonconforming stables in the RSS District. See the standards in 8.1.12 for horses on nonconforming lots.
A.
Required Area. The lot shall have a minimum area of one acre and a minimum width of 100 feet. Nonconforming lots of less than one acre may request permission for a pleasure stable through the special exception process in accordance with 6.2.18.
B.
Number of Horses Allowed.
1.
There are no restrictions on the number of horses allowed in the RSS and HD Districts.
2.
On a lot on which horses are allowed by special exception, a maximum of two horses are allowed on the first acre, with one horse allowed for each additional one-half acre.
3.
In the RSH District, three horses are allowed on the first acre, with one horse allowed for each additional one-half acre.
C.
Maintenance. The following standards shall apply to all stables, lots, and the horses thereon.
1.
The lot must be designed and maintained to drain so as to prevent ponding and propagation of insects.
2.
The lot must be designed and maintained so as to prevent the pollution by drainage of adjacent streams and other water bodies.
3.
The premises must be maintained in a sanitary condition by such means as the proper use of lime in stalls. (Ord. 09252000D)
4.
In residential zoning districts, the premises must be maintained by keeping manure in covered containers at least 50 feet from any dwelling or any pool, patio, or other recreational structure on an adjoining lot. Covered containers shall not be required in RSH, RSS, and HD districts. (Ord. 07112011A)
5.
Except in the RSS and HD Districts, horses must be stabled and otherwise kept in areas on the premises that are no closer to the dwellings, buildings, accessory buildings, and recreational structures on adjoining lots than they are to the dwelling on the premises.
6.
All manure must be removed from paddocks and stable areas at least twice weekly so as to prevent propagation of flies and creation of odors. All manure containers will be emptied at least once per week (Ord. 09252000D) and manure will be removed from the property.
7.
All grain on the lot must be stored in rodent-proof containers.
8.
All feed spillage on the lot must be promptly removed so as to prevent attraction of flies, rodents, and birds, and creation of odors.
9.
The exercise and training areas on the lot should be dampened as necessary to prevent dust. (Ord. 09252000D)
10.
Prompt veterinary care and services must be provided for sick horses, and such horses shall be removed promptly when deemed necessary by a licensed veterinarian selected by the City.
11.
There shall be adequate shelter for the horses from the elements.
12.
Composting of manure may be permitted by special exception from the Board of Zoning Appeals in the RSS and HD districts. Any application for composting should include a composting plan and a report from an agricultural engineer.
D.
Complaints. Complaints regarding a lot not maintained in compliance with the foregoing provisions shall be filed with the Zoning Official and investigated by the Environmental Control Officer. Violation of these provisions may result in revocation of a special exception approval for the pleasure stable.
(Ord. No. 02082016C , § 1(Exh. A), 2-8-2016; Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.3.24. - Telecommunications Facilities.
A.
Permitted Locations.
1.
Location in Industrial Districts. A telecommunications facility, tower, or antenna may be located in the LI or I District following approval of an application meeting the requirements set forth in 6.2.5 and demonstration that the conditions in paragraph B. below are met.
2.
Location in O, GB, and PC Districts. A telecommunications facility, tower, or antenna may be approved by special exception in accordance with the provisions of 6.2.18 when located in the GB or PC Districts. An application meeting the requirements set forth in 6.2.5 shall be required, along with demonstration that the conditions in paragraph B. below are met.
3.
Location on Existing Structure on City-Owned Property. Wireless communications devices may be located on existing structures on City-owned property following approval of an application meeting the requirements set forth in 6.2.5, demonstration that the conditions in this Section have been met, and approval by City Council. Steps shall be taken to assure that the antenna will not be readily visible, including hiding the antenna within the structure, painting it the same color as the structure, or otherwise camouflaging the antenna.
4.
Location on Existing Structure on Private Property. An antenna may be located on an existing structure on private property following approval of an application meeting the requirements set forth in 6.2.5 and demonstration that the applicable conditions in this Section have been met. In residential districts, approval of a special exception by the Board of Zoning Appeals shall also be required. Steps shall be taken to assure that the antenna will not be readily visible, including hiding the antenna within the structure, painting it the same color as the structure, or otherwise camouflaging the antenna.
5.
Location on Existing Tower. The addition of an antenna to an existing tower shall be approved by the Building Official if the antenna would not add to the tower's height and if certification from a structural engineer licensed in South Carolina is submitted confirming that the tower structure is adequate to accommodate the antenna.
6.
Demolition of Existing Tower. The Building Official may issue a permit for an existing tower to be demolished and a new tower built as long as the new tower does not exceed the height of the original tower and is designed to allow other antennas. A new tower may exceed the height of the original tower only if it is approved through the Board of Zoning Appeals as a special exception.
7.
Not Permitted on Historic Sites or Districts. No telecommunications tower is permitted within a district or on an individual site listed on the Aiken Historic Register.
B.
Conditions. An application for approval to erect a communications tower must meet the requirements set forth in 6.2.5 and demonstrate that all of the following conditions are met. An application to place an antenna on an existing structure must provide applicable information as determined by the Building Official.
1.
General. All applicable health, nuisance, noise, fire, building, and safety code requirements shall apply in addition to the conditions in this Section. Regulations covering visibility, fencing, screening, landscaping, parking, access, lot size, exterior illumination, signs, storage, and all other general zoning district regulations except those superseded by this Section shall apply.
2.
Location.
a.
A permit for a proposed tower within 1,000 feet of an existing tower shall not be issued unless the applicant certifies that the existing tower would not meet the applicant's structural specifications and technical design requirements without unreasonable modifications, or that a co-location agreement could not be obtained.
b.
The applicant must show that a suitable site could not be found on publicly owned property.
c.
When considered as a special exception, the Board of Zoning Appeals must determine that the visual impact of the tower will not adversely affect the area.
3.
Maximum Height.
a.
Freestanding tower: 200 feet.
b.
Tower or antenna mounted on a structure other than a freestanding tower: one-fourth of the height of the structure or 50 feet, whichever is less, over and above the height of the existing structure.
4.
Setbacks.
a.
The tower must be set back from any property occupied by a residential use or on which a residential use is permitted a distance at least 50 percent of the height of the tower but no less than 100 feet.
b.
Where adjoining property is not used or zoned to allow residential use, the tower should comply with the setback required of any other structure or 25 percent of the tower height, whichever is greater.
c.
The tower must be set back from the boundaries of a property any portion of which is listed on the Aiken Historic Register or the National Historic Register a distance of at least 50 percent of the tower height.
5.
Screening. In addition to any landscaping required by 4.6.7.E, prior to initiation of use of a tower, the base of a tower must be screened by evergreen plantings at least three feet high at time of planting and no less than ten feet on center at the time of planting, with a height at maturity that exceeds seven feet.
6.
Fencing. A tower and any associated structures or facilities must be surrounded by a fence at least eight feet high. See also 4.1.4.
7.
Color. A tower should be a light grey or similar color to blend with the sky unless it is required to be painted a different color by the Federal Aviation Administration.
8.
Illumination. A tower shall not be lighted unless required by the Federal Aviation Administration or a variance is granted for safety reasons. After dusk and before dawn, lights shall be red only. If permitted by federal authorities, lights shall be shielded to minimize visibility from the ground. Strobe lighting shall not be allowed unless required by a regulatory agency.
9.
Signage. One sign no larger than two square feet in area shall be placed in a visible location identifying the owner and his street address, the identification code of the tower, and an all-hours emergency telephone number. Such sign may also identify other users of the tower.
10.
Initiation of Operation. An antenna on a new tower shall begin operation no later than 180 days after installation.
11.
Abandonment. If a tower which has been operational is not used for a period of more than 180 days, then, upon written notice given to the owner or his agent, the tower shall be removed unless use is resumed within 90 days of such notice.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.3.25. - Truck or Trailer Rental.
Truck or trailer rental facilities located in the GB District shall provide only vehicles that can be driven by an operator with a standard Class "D" License. No maintenance or servicing of vehicles or trailers shall occur on the site, and no disabled vehicles shall be stored overnight at the site. Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.3.26. - Upper-Story Residential.
Upper-story residential development is permitted provided it is part of a larger project, the residential component does not exceed 50 percent of the land area of the project, and a site plan for the project is reviewed in accordance with 6.2.9.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.3.27. - Veterinary Hospital.
A veterinary hospital located in the GB District shall not incorporate outdoor kennels when the subject property abuts a residential use or a residential district boundary. Landscaped buffers adjacent to any property zoned or used residentially shall be provided in accordance with 4.6.7.E.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.3.28. - Water Storage Tank.
Approval of a water storage tank shall require a demonstration that no alternative location where such use would be permitted by right is feasible. In addition, to the extent practicable, the base of such tower shall be screened with vegetation and constructed and painted in such fashion as to be compatible with the surrounding neighborhood.
(Ord. No. 11122018C , § 1(Exh. A), 11-12-2018)
Editor's note— See editor's note in § 3.3.20.
3.4.1. - Accessory Apartment.
A.
In Residential Districts. One accessory apartment per lot may be permitted in a residential district (except in the RSS District, which may allow a second accessory apartment) in accordance with the Use Tables in Chapter 3, Article 1, and subject to the following.
1.
Lot Size and Area. The lot must have an area of at least 10,000 square feet and a minimum width of at least 75 feet.
2.
Location. The apartment may be within the principal dwelling or in an accessory building.
3.
Size of the Apartment. The minimum floor area of an accessory apartment shall be at least 450 square feet (see 4.2.2). The floor area of an apartment in an accessory building may not exceed 35 percent of the gross heated floor area of the principal dwelling. (Ord. 01122009)
4.
Owner-Occupancy Required. Either the principal dwelling or the accessory apartment must be occupied by the property owner.
5.
Nonconforming Buildings. An accessory apartment may not be located in a nonconforming building without a special exception.
6.
Expansion or Enlargement to Allow an Accessory Apartment.
a.
The footprint of a principal or accessory building may not be enlarged to allow an accessory apartment without a special exception.
b.
A second floor may not be added to an accessory building to allow an accessory apartment without obtaining a special exception, and in no case shall the height of the accessory building exceed the height of the principal building.
c.
If there is an existing accessory building, a second accessory building may not be erected to allow an accessory apartment unless the lot is at least one-half acre in area.
7.
Off-Street Parking. One off-street parking space is required for each accessory apartment. Parking for an apartment in an accessory building shall not be in the front yard of the principal building.
8.
Applicability in RML and RMH Districts. An accessory apartment may not be located in the RML and RMH District unless the lot is occupied only by a detached single-family dwelling and the number of dwelling units does not exceed the allowable density of the District.
9.
Second Unit in the RSS District. A second accessory apartment may be allowed in the RSS District by special exception in accordance with 6.2.18 as long as the lot is at least one acre in area and all relevant provisions of this paragraph 3.4.1.A are met.
10.
Conversion of Accessory Building with Reduced Setback Allowed Through Variance or Administrative Waiver. An accessory building for which a reduced setback has been allowed through a variance granted by the Board of Zoning Appeals or an administrative waiver pursuant to 3.4.2.H may not be converted to an accessory apartment unless a Special Exception in approved by the Board of Zoning Appeals. (Ord. 07122010A)
B.
In Nonresidential Districts. As accessory apartment is permitted in nonresidential districts, whether in a single-family dwelling or an associated accessory building, in accordance with the Use Tables in Chapter 3, Article 1, and the provisions of 3.4.1.A.
3.4.2. - Accessory Building or Structure.
A.
Applicability. Paragraphs B, D, and E shall not apply to (1) any lot in the Horse District zone, (2) any lot in the RSS zone in the Historic Overlay District, or (3) any lot of one acre or more in the RSS zone outside of the Historic Overlay District. (Ord. 01122009)
B.
Location.
1.
Detached accessory buildings shall only be permitted in the rear yard and side yard no closer to a street right-of-way than the principal building on the lot except for garages, carports, automatic teller machines, canopies over fuel pumps, and similar structures as determined by the Planning Director.
2.
In any residential zones or the Limited Professional or Limited Business zones, an accessory building may not be closer to a street right-of-way than the plane of the front wall of the principal building on an adjacent lot. (Ord. 10242005B)
C.
Setback Required.
1.
Any accessory building totally detached from the principal building shall be set back not less than ten feet from the side or rear lot line.
2.
In the LI and I districts, the Planning Director shall determine the specific distance an accessory building shall be set back from the side and rear lot lines based upon the use of the lot involved, the scale of the accessory building, the adjoining lots, and any other relevant factors, but in no event shall it be set back less than 10 feet from the side and rear lot lines.
D.
Height. The height of an accessory building may not be more than the primary building on the lot. (Ord. 10242005B & 01122009)
E.
Floor Area. The floor area of all accessory buildings on a lot may not exceed 50 percent of the heated gross floor area of the principal building. (Ord. 10242005B & 01122009)
F.
Converted Manufactured Homes and Shipping Containers Prohibited. A manufactured unit constructed for residential use may not be used for storage even if converted for that purpose. (Ord. 06122000) No container primarily intended for the shipment of freight or other materials on a boat, truck, or other vehicle may be used for storage except in the LI, LM, and I zones except as permitted for temporary outdoor storage from November 1 to December 31 as set forth at 4.3.3.C. (Ord. 10242005B) (Ord. 06242013C)
G.
Swimming Pools. A non-inflatable swimming pool on a lot occupied by a single-family dwelling shall comply with this section. (Ord. 10242005B)
H.
Administrative Waiver for Setbacks. The Planning Director may allow a reduction in the side and/or rear yard setback for an accessory building if the applicant can demonstrate that there is no other reasonable place for the building that would meet the required setbacks and can justify the request based on one or more reasons including, but not limited to, the following.
1.
The size, shape, and/or topography of the property would make it difficult to comply.
2.
Compliance would substantially affect the usability of the property.
3.
The location of other structures on the property would make it difficult to comply.
4.
The location of vegetation would make it difficult to comply.
5.
The proposed location would allow preservation of valuable vegetation.
6.
The area of the reduced setback is adjacent to land that will not be developed.
The waiver may not be granted without the approval of the Department of Public Safety and the Department of Public Works/Engineering.
Public notice of an application for such waiver shall be accomplished by mailing of a letter to the owner of each lot directly contiguous to the subject lot excluding one across a street right-of-way and by the posting of a sign on the subject property visible from the abutting street. Approval of the request may not be granted until 15 days after the mailing of the notice letters and posting of the sign.
Subsequent conversion to an accessory apartment shall require approval of a Special Exception by the Board of Zoning Appeals pursuant to 3.4.1.A (10). (Ord. 07122010A)
3.4.3. - Amusement, Video Poker, or Gaming Machines.
A.
Location. The location or operation of coin-operated, non-payout amusement or gaming machines or devices in any number involving any form of payments or reimbursements of money for accumulated free games shall be allowed only in the GB, PC, LI, and I districts subject to the restrictions set forth in this Section.
B.
Distance Requirements. A building or premises in or on which any such machines or devices are situated or operated in any number shall not be located as follows.
1.
On any lot or parcel within 300 feet of any residential zoning district or any lot or parcel on which a residential use exists.
2.
On any lot or parcel within 300 feet of any lot or parcel on which a church, other house of worship, or any religious use is located.
3.
On any lot or parcel within 300 feet of any lot or parcel on which a private or public school or any educational use is located (this shall include, but not be limited to, kindergartens and daycare facilities).
4.
On any lot or parcel within 300 feet of any lot or parcel on which public playground, public swimming pool, public recreational area, public park, or similar use is located.
5.
On any lot or parcel within 300 feet of any lot or parcel on which the location or operation of such machines or devices is in existence.
C.
Distance Measurement. Pursuant to § 1-22-710(C) of the Code of Laws of South Carolina, 1976, as amended, the distances in this Ordinance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line of the lot on which a building or structure is used as a licensed video poker establishment to the nearest property line of the location set forth in paragraph B. above.
D.
Signs. Pursuant to § 12-22-760(A) of the Code of Laws of South Carolina, 1976, as amended, a video poker establishment may utilize one green square not exceeding a size of four by four feet. This one green square may be placed on any side of the building in which the licensed video poker establishment is located. The establishment shall continue to comply with the other ordinances promulgated by the City of Aiken with respect to signage for its establishment.
E.
Other Laws. Anything contained in this Section shall not be construed to authorize or permit any form of activity, use, operation, establishment, or business prohibited by other ordinances of the City or the laws of the State of South Carolina.
3.4.4. - Fuel Sales.
See 3.3.10.
3.4.5. - Home Occupation.
There are two types of home occupations allowed subject to the following provisions. Home occupations existing as of the effective date of this Ordinance shall be governed by Section 1.2.2.
A.
Type 1 Home Occupation.
1.
A Type 1 Home Occupation is an accessory use allowed by right as long as it meets the following requirements.
a.
Receives and annually renews a business license.
b.
Is conducted entirely within a principal dwelling or integral part thereof and involves no outside storage of any kind including in an accessory building.
c.
Is clearly incidental and secondary to the principal use of the dwelling and does not use more than 25 percent of the gross floor area of the dwelling.
d.
Does not affect the residential character of the dwelling nor cause the dwelling to be extended.
e.
Does not create any disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, or traffic or parking problem.
f.
Does not involve on-site retail sales or services which involve visits by customers on any sort of regular basis (not including home party type sales occurring infrequently).
g.
Is conducted only by persons residing on the premises.
2.
A Type 1 Home Occupation may have a non-illuminated identification sign no larger than 1.5 square feet mounted on the wall of the dwelling, but no freestanding sign. If a bed and breakfast is located in the same dwelling, the sign may include the names of either or both.
B.
Type 2 Home Occupation. A Type 2 Home Occupation may be permitted as a special exception subject to conditions imposed by the Board of Zoning Appeals and the following requirements.
1.
Compliance with paragraphs 1 through 5 of 3.4.5.A regarding Type 1 Home Occupations.
2.
Not more than one non-resident of the dwelling is employed.
3.
Applicable City codes regarding wiring, plumbing, handicapped accessibility, etc., are addressed prior to issuance of the business license and initiation of the home occupation.
4.
Does not involve any displays pertaining to the home occupation visible outside of the dwelling.
5.
Is subject to inspection of the premises by the Zoning Official without prior notice during normal business hours.
6.
May have one sign not exceeding 1.5 square feet in area for each lot-of-record mounted against the wall of the principal building (see 4.4.10.B).
3.4.6. - Satellite Dish Antenna.
A.
Residential Location. Satellite dish antennas greater than 3 feet in diameter shall be permitted only in rear yards in all residential districts and residential developments in any other district.
B.
Commercial/Industrial Location. Satellite dish antennas used in conjunction with a commercial/industrial use shall be permitted in any location in the O, GB, PC, DB, LI, or I districts.
3.4.7. - Swimming Pool.
All swimming pools shall meet the latest building code requirements for fencing.
3.4.8. - Recreational Vehicle Park.
A.
In an Industrial (I) district, any lot exceeding 25 acres in size and whose principle use is an equestrian facility by special exception approval by the BZA, may not have more than 20 percent of the lot area used for a recreational vehicle park as an accessory use. Each lot shall be restricted to one such recreational vehicle park that shall be limited to not more than five acres in size regardless of the size of the parcels. The recreational vehicle park shall be used primarily by persons having horses stored or participating in equine events that are currently taking place at the equestrian facility.
B.
The recreational vehicle park must have a site plan approved in accordance with 6.2.9 and a landscape plan approved in accordance with 6.2.10. A certificate of zoning compliance must be issued prior to occupancy.
C.
The recreational vehicle park shall be maintained in accordance with the following standards after approval:
1.
Shall obtain and maintain all permits and licenses required by state and local laws and regulations to operate such a facility
a.
No site/space lease or continuous rental thereof shall exceed four months, after which a site in the recreational vehicle park may not be rented for the same motorhome or trailer for 30 days.
b.
The owner of the recreational vehicle park shall maintain a guest register that includes the name and address of the tenant; identifying information of the vehicle, such as tag number, vehicle identification number or other unique identification number; the number and identifying information of horses stabled at the facility or the purpose of the overnight stay and the date the vehicle entered and left the park. The guest register and premises will be subject to inspection without prior notice during normal business hours by the Zoning Official or other City official with the authority to enforce City Ordinances.
c.
Each occupied recreational vehicle site shall display a permit that is readily visible from the internal street of the recreational vehicle park. The permit will be on a form approved by the Planning Director and not smaller in size than eight inches by ten inches. The permit shall include the identifying information of the vehicle, the date of entry into the park, and the last day the vehicle is registered to stay in the park and shall be affixed to the site identification pole.
2.
A 100-foot setback shall be required along property lines for the recreational vehicle park that abuts any area zoned or used as residential. A 50-foot setback shall be required along property lines that abut properties that are not zoned or used as residential. This area shall be maintained as a buffer and be undisturbed. Additional evergreen vegetation shall be planted to form an effective screen; such vegetation shall be at least three feet high after pruning at time of planting and a height of at least seven feet at maturity with spacing as required by the City. Where deemed necessary by the Planning Director, additional measures may be required to provide an effective screen. This buffer shall be maintained in good order at all times by the owner of the property.
3.
A planting strip with a minimum ten-foot depth shall be provided parallel and adjacent to each perimeter of the recreational vehicle park and the remainder of the parcel. This strip shall be planted with trees to the maximum extent possible as determined by the Planning Director. Each tree planted in the planting strip shall have a minimum caliper of two inches and be selected from the Approved Tree List. Evergreen shrubbery or a planted berm is required in the planting strip to screen the recreational vehicles. The shrubbery must be at least three feet high after pruning at the time of planting and be planted no more than five feet on center. A berm must be at least three feet high and be planted with ground cover.
4.
Only motorhomes or travel trailers are permitted to use the recreational vehicle park. All such motorhomes or travel trailers shall be equipped with facilities for sleeping, cooking, and bathing in a bath tub or shower. Tent camping or other shelters for habitation are prohibited.
5.
No more than 12 recreational vehicle sites are allowed per acre and only one recreational vehicle is allowed per site. Each recreational vehicle site shall be a minimum of 2,000 square feet in area with a minimum width of 25 feet.
6.
Each recreational vehicle park site shall have an individually designated site number. The number shall be no less than six inches high, reflective, and be permanently attached to a pole or other secure structure on the individual site. This number must be plainly legible and visible from the internal streets of the recreational vehicle park.
7.
The recreational vehicle park shall be developed in a manner that preserves natural features and landscape, of which not less than 20 percent shall be set aside and maintained as common open space.
8.
All individual recreational vehicle park site spaces will be provided with operational city water and sewer connections. All dumpsters shall be on a concrete pad and screened by evergreen vegetation at least three feet high after pruning at time of planting and a height of at least seven feet at maturity with spacing as required by the City.
9.
All utilities such as electric, cable television, telephone, etc. shall be underground.
10.
All internal streets and private drives accessing the recreational vehicle park shall be a minimum width of 20 feet, surfaced so as to provide all-weather driving capabilities and capable of supporting the imposed load of fire apparatus as determined by the City Engineer. Parking shall not be permitted on recreational vehicle park streets.
11.
Walls, fences, or other permanent structures may not be erected between recreational vehicle sites.
12.
Each recreational vehicle park site shall abut directly upon a recreational vehicle park street for a minimum distance of 25 feet. Aligned and gradient shall be properly adapted to topography.
13.
A fire hydrant shall be located within 500 feet of each recreational vehicle park site.
14.
Each recreational vehicle park site will have a minimum of one parking space in addition to the space provided for the recreational vehicle. The space shall be a minimum of 9 feet in width and 18 feet in length.
15.
A minimum of 20 feet shall be maintained between the parking of recreational vehicles. Any attachments such as awnings or steps shall for the purposes of this separation requirement be considered to be part of the trailer.
16.
Street lights shall be installed along the internal streets of the recreational vehicle park at a distance of not more than one every 250 feet.
17.
There shall be no open storage of personal belongings within a recreational vehicle park, nor shall there be an accessory building, shed, or cabinet placed upon or erected upon individual recreational vehicle park sites for the storage of materials or personal belongings.
18.
There shall be no removal of axles, wheels or tires from a travel trailer or other recreational vehicle within the recreational vehicle park, except for emergency, temporary removal to accomplish repairs.
19.
There shall be no separate mail boxes, separate street address designations or other similar accessories which would give the appearance of "permanence" to occupants of a recreational vehicle park.
(Ord. No. 11092015 , § 1(Exh. A), 11-9-2015)
3.5.1. - General Regulations.
The following general regulations shall apply to all temporary uses.
A.
Permanent changes to the site (including tree removal) are prohibited;
B.
Temporary activities shall not prevent the use of or cause the elimination of required off-street parking; and
C.
All other required permits must be obtained.
3.5.2. - Construction/Storage Trailers.
A contractor's construction/storage trailer may be approved by the Planning Director in conjunction with any approved development project for which a building permit has been issued. The trailer must be located on the same site as the permitted project and must be removed within one month of issuance of a final Certificate of Occupancy for the project.
3.5.3. - Fairs, Carnivals, and Public Gatherings.
Fairs, carnivals, and other major public gatherings are allowed subject to approval by the Department of Public Safety. The Department may refer such uses for approval to City Council in accordance with Section 14-40 of the City Code, where it is deemed necessary.
3.5.4. - Open Air Sales.
Open air sales on vacant lots of seasonal items such as Christmas trees, pumpkins, seafood, and produce are permitted in certain districts according to the Use Tables in Chapter 3, Article 1, provided that the sales activity does not last longer than 30 days per season and all other applicable codes, including sanitation and electrical codes, are met. Such open air sales must also receive and annually renew a business license.
3.5.5. - Parking Lot/Sidewalk Sales.
Parking lot/sidewalk retail sales are allowed provided that no required off-street parking is eliminated or made unusable and safe pedestrian flow is maintained. Such sales shall not be permitted to impede traffic flow. No permanent structures or fencing shall be permitted. Merchandise that is part of a parking lot or sidewalk sale shall not be considered to be a sign for the purpose of Chapter 4, Article 4.
3.5.6. - Temporary Sales/Leasing Offices.
A temporary sales or leasing office is permitted provided that it is located in a model unit for residential projects or on-site for commercial projects.
3.5.7. - Mobile Food Vending.
A.
Purpose. The City Council hereby finds that the unrestricted sale or distribution of food and beverage from vehicles or mobile food units on private property, or within or upon public streets, sidewalks, rights-of-way, under certain circumstances, when not regulated may pose a danger to health, safety, and public welfare.
The purpose of this Ordinance is to regulate mobile food vendors in a manner that protects the public health, safety, and welfare, while also accommodating entrepreneurial activity, as well as an active and social pedestrian environment within appropriate areas of the City of Aiken.
B.
General Requirements. The following provisions shall apply to all mobile food vendors unless expressly permitted as part of a special event permit:
1.
All mobile food vendors doing business within the City of Aiken must obtain a City business license, and applicable requirements of the South Carolina Department of Health and Environmental Control (DHEC);
2.
The DHEC inspection report shall be prominently displayed at the point of sale;
3.
Selling of non-food items from a mobile food vendor shall be prohibited with the exception of merchandise displaying the mobile food vendor logo and/or branding;
4.
Alcohol sales from mobile food vendors are prohibited unless permitted otherwise by the South Carolina Department of Revenue Alcohol Beverage Licensing;
5.
Mobile food vendors and related patron queuing shall not obstruct or interfere with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any business, public building, or dwelling unit, or access to or through a public sidewalk;
6.
All mobile food vendors must maintain a litter receptacle of sufficient size to accommodate litter resulting from on-site sales. The receptacle must be available to patrons, and must be maintained by the mobile food vendor during hours of service. Recycling receptacles are encouraged;
7.
Mobile food vendors must collect and remove the above-referenced litter receptacle and all litter and debris generated within a 25-foot radius. Excessive litter attributed to on-site sales upon relocation of the vendor at close of business may result in revocation of the business license;
8.
Mobile food vendors shall not erect or display any signage other than exhibited on or in the mobile food truck;
9.
Mobile food vendors must only utilize localized lighting used in or on the mobile food vendor for the purpose of food preparation and menu illumination;
10.
Mobile food vendors may not sell to persons in vehicles;
11.
Permanent water, wastewater or electrical connections are prohibited.
C.
Private Property. All mobile food vendors shall be subject to the following regulations in their operation on private property unless otherwise expressly permitted as part of a special event permit:
1.
Mobile food vendors, excluding catering trucks as described in Section C.12, are only permitted to locate on private property within areas zoned for commercial or industrial uses with the exception of the LB and LP zone districts;
2.
Mobile food vendors must have the written permission from the private property owner of the specific location;
3.
Mobile food vendors, excluding catering trucks, shall not locate with 100 feet from the boundary of residentially-zoned property;
4.
Mobile food vendors may operate on the property of a school, university, hospital or religious facility with the written consent of the property owner or authorized school official;
5.
Operation within commercial components of a PR zoned district with written permission of the Home Owners' Association or Property Owners' Association;
6.
Mobile food vendors shall only operate within the hours of 5:00 a.m. to 10:00 p.m., Sunday through Thursday, and 5:00 a.m. to 12:00 a.m. the following day on Friday and Saturday. The food vendor may park at the service location no more than one hour prior and one hour following the permitted daily periods of operation. The mobile food vendor and all associated materials may not be located at the service location outside the above-mentioned times, with exception of mobile food vendors located on a parcel with an associated eating establishment under the same ownership;
7.
No mobile food vendor shall operate within 100 feet from the door of a lawfully established eating establishment that is actively open for business serving customers, unless the food truck vendor provides documentation which is signed by the restaurant owner, that the restaurant owner interposes no objection to a closer proximity.
8.
Mobile food vendors shall not produce any offensive or loud noise to attract customers or advertise products.
9.
Mobile food vendors shall not provide furniture, umbrellas, objects or structures outside the vehicle. Mobile food vendors may utilize furniture, umbrellas, objects or structures provided by the property owner with written consent of the property owner.
10.
Individual mobile food vendors shall not occupy more than three standard parking stalls or 500 square feet. Mobile food vendors shall located on an approved level parking area where it can be demonstrated that the off-street parking is not otherwise reserved, encumbered, or designated to satisfy off-street parking requirements of a business or activity that is operating at the same time as the mobile food vendor.
11.
Mobile food vendors may not locate in a corner setback (sight distance triangle) as described in Section 4.1.5 of the Zoning Ordinance;
12.
Catering trucks may operate in any zone district while serving a private event, including private events on residential property, and cannot serve the general public under the following conditions:
a.
Food and/or drink is distributed or served to attendees of an event in which service is not targeting sale to the general public;
b.
Catering trucks serving private property shall not establish operation on public rights-of-way unless parking on the subject private property is determined infeasible by the Planning Director or his/her designee, and the property owner has obtained permission from the Director of Public Safety or his/her designee;
c.
Catering trucks serving private property shall not cause excessive noise, light, or vibration that can be detected from within an adjacent residential unit;
d.
Catering trucks serving private property shall only operate within the hours of 8:00 a.m. to 10:00 p.m. in residentially-zoned areas. Otherwise, catering trucks are subject to the requirements of Section C.6. The catering truck may park at the service location no more than one hour prior and one hour following the permitted daily periods of operation. The mobile food vendor and all associated materials may not be located at the service location outside the above-mentioned times.
D.
Right-of-Way and Public Property.
1.
No mobile food vendor shall operate on a public street, sidewalk, parkway, alley, trail or any other right-or-way, or on city-owned property, including but not limited to plazas and parks, unless approved by the city as part of a permitted special event or otherwise permitted pursuant to Section D.2 of this Section.
2.
Mobile food vendors may operate along a public street, right-of-way, sidewalk, or city-owned property pursuant to the following:
a.
Mobile food vendors may operate as part of a special event with permission of the Department Director responsible for oversight of the facility or location, or his/her designee;
b.
Mobile food vendors shall not operate within 100 feet of a permitted special event on public property or right-of-way while such event is in progress unless the mobile food vendor has written permission from the event organizer;
c.
Mobile food vendors shall not operate within any City of Aiken park, playground, plaza, or related facility unless written authorization is obtained from the responsible City Department Director or his/her designee;
d.
Mobile food vendors may operate in specific locations within public right-of-way as designated by the City Council following a public hearing and recommendation from the Planning Commission.
(Ord. No. 07102017A , § 1(Exh. A), 7-10-2017)