Aiken City Zoning Code

Nonconformities shall be allowed to continue in accordance with the provisions of this Chapter.

The burden of establishing that any nonconformity is a legal nonconformity as defined in this Ordinance shall, in all cases, be upon the owner of such nonconformity and not upon the City or any other person.

A.

Normal Maintenance. Repairs and normal maintenance required to keep a nonconforming use or structure in a safe condition are permitted, provided that no alterations may be made except those allowed by this Chapter or required by law or ordinance.

B.

Restoring Unsafe Buildings. Except as provided above, nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by the Building Official or complying with his lawful requirements.

A.

Continuation. Any use lawfully existing at the time of enactment of this Ordinance may be continued even though it does not conform with the provisions of this Ordinance for the District in which it is located. Similarly, whenever a text amendment or rezoning renders a use nonconforming, any existing lawful use may be continued. However, no building or structure or premises where a nonconforming use has ceased for more than 12 months, or has changed to a permitted or conforming use, shall again be used in a nonconforming manner.

B.

Extension or Alteration. No building, structure, or premises containing a nonconforming use shall hereafter be extended unless such extension or alteration shall conform to the building line setback, height limitations, yard, and other provisions regulating the size and placement of buildings, structures, or premises for the district in which it is located.

C.

Accessory Use. No use that is accessory to a principal nonconforming use shall continue after such principal use shall have ceased or terminated unless it conforms to all provisions of this Ordinance.

A.

Continuation. Any nonconforming building or structure lawfully existing at the time of enactment of this Ordinance or of amendments to this Ordinance may continue.

B.

Reconstruction.

1.

If a residential or nonresidential building or structure (including any accessory structures) is damaged by reason of fire, flood, explosion, earthquake, riot, war, or an act of God, it may be repaired, reconstructed, and used as before and if the damage does not exceed 50 percent of its replacement value, as determined by the Building Official, and if the repairs and reconstruction are done within 12 months from the time such damage occurred.

2.

If a nonresidential building or structure (including any accessory structures) is damaged and if such damage is greater than 50 percent of its replacement valuation as determined by the Building Official, such building or structure may only be reconstructed to conform with the provisions regulating the placement of buildings and structures in the district in which it is situated.

3.

If a residential building or structure (including any accessory structure) is damaged greater than 50 percent of its replacement valuation as determined by the Building Official, such building or structure may be repaired, reconstructed, and used as before if the repairs and reconstruction are done within 12 months from the time such damage occurred. The Building Official may require conformance with specific provisions of this Ordinance where deemed necessary to resolve public safety concerns (see 4.1.3.A).

4.

Notwithstanding the foregoing, no illegal use shall be re-established.

C.

Alteration or Additions. Alterations and/or additions to a nonconforming building or structure may be permitted as long as the alterations and/or additions do not increase the nonconformity of the building or structure to the building setback line, height limitations, yard, or other provisions regulating the size and placement of buildings and structures for the district in which the nonconforming building or structure is located.

A manufactured home or mobile home that is located on an individual lot at the time that the property is designated as part of the RSM District and which does not conform to the requirements for a manufactured home contained in 4.2.7 may remain on the property subject to the following requirements.

1.

The property owner shall submit with the request for rezoning to RSM a written confirmation that the unit has been registered with Aiken County in the form of a Certificate of Occupancy issued by the County Building Official, or other proof of registration and, if applicable, a Septic Tank Permit issued by the South Carolina Department of Health and Environmental Control (DHEC).

2.

The unit shall be brought into compliance with the requirements for manufactured homes contained in 4.2.8, items f, g, j and k. Any changes needed to meet these requirements shall be completed within 180 days following a zoning change to the RSM District.

The owner of a manufactured home park or mobile home park located in the City of Aiken which is made nonconforming by the passage of this Zoning Ordinance shall have a period of two years from the effective date of this Ordinance to bring their park into conformance with this Ordinance (see 4.2.8). Failure of the owner to bring a manufactured home park or mobile home park into compliance with the requirements of this Section of the Zoning Ordinance shall result in the owner's loss of the City of Aiken business license and require the removal of all manufactured or mobile homes from the park.

The owner of a junkyard, salvage yard, or other facility in which inoperable vehicles are stored which is made nonconforming by the passage of this Zoning Ordinance shall have a period of two years from the effective date of this Ordinance to bring the yard or facility into conformance with this Ordinance (see 4.3.7). Failure of the owner to bring the yard or facility into compliance shall result in the owner's loss of the City of Aiken business license and require the removal of all vehicles and other material stored in the yard or facility.

Legally recorded lots-of-record that do not meet the minimum area or frontage requirements may nevertheless be used for any of the uses permitted in the respective zoning district, provided that all other requirements of this Ordinance are met.

If any adult business lawfully operating on November 9, 1992, is in violation of the location restrictions of 3.3.2.A because two or more adult businesses are located within 1500 feet of each other, but is otherwise in a permitted location, the business that was first established and continually operated at that location is the conforming use and the later established business is nonconforming.

Any stalls in the RSS District existing before October 14, 1996 may be rented out for the stabling of pleasure horses. Anyone who has horses and discontinues the use for more than 12 months may rent the stalls again as long as the stalls were existing as of October 14, 1996. Lots and the horses thereon must be maintained in accordance with the provisions of 3.3.21.C.

A.

RSS District. Horses may be kept on nonconforming lots in the RSS District that contain one acre or more; for nonconforming lots containing less than an acre, permission to keep horses must be granted by the Board of Zoning Appeals.

B.

HD District. Horses may be kept on any nonconforming lot in an HD District.

A.

Continuation Allowed. Continuation in accordance with this Section is permitted for any sign or sign structure, except portable or mobile signs, not conforming with the provisions of Chapter 4, Article 4, but which was lawfully existing:

1.

Prior to January 10, 1994;

2.

Prior to the effective date of any amendment to the Zoning Ordinance making the sign or sign structure nonconforming; or

3.

Prior to the effective date of an annexation (unless removal is required as a condition of annexation).

B.

Removal or Compliance Required. Notwithstanding paragraph A. above, a nonconforming sign or sign structure must be removed or brought into compliance with this Ordinance within 90 days after notification by the Zoning Official if the sign or sign structure is meets any of the following standards.

1.

Not maintained in a safe and sound condition as determined by the Zoning Official;

2.

Damaged to the extent that the cost to repair it exceeds more than 50 percent of its original cost as determined by the Building Official;

3.

Abandoned;

4.

Changed by the alteration of 80 percent or more of the identification area of the face of the sign, whether or not it increases the sign's nonconformity;

5.

Located on a site that has been vacated by the use the sign identifies; or

6.

Required to be removed or changed by a condition in an annexation ordinance adopted by City Council.

C.

Repair, Renovation, Alteration or Replacement. Any sign or sign structure not conforming with the provisions of this Ordinance or any amendments thereto shall not be repaired, renovated, or altered in a manner that will add to, enlarge, or extend its nonconformity and shall not be replaced by a nonconforming sign or sign structure.