Aiken City Zoning Code

The Zoning Official of the City of Aiken, South Carolina, and when necessary, the Aiken Department of Public Safety, shall enforce the provisions of this ordinance within the police jurisdiction of the City in the manner and form and with the power provided in laws of the State of South Carolina and the City Code for the City of Aiken. The Aiken Department of Public Safety shall have the right to investigate potential Zoning Ordinance violations pursuant to existing State of South Carolina and federal laws. Properties are subject to inspection of the premises by the Zoning Official without prior notice during normal business hours. (Ord. 05282001B) Any official authorized to enforce this Ordinance may stop any work determined to violate the provisions hereof. (Ord. 04082002A)

It is unlawful for any person, firm, or corporation, whether as principal, agent, employee, or in any other capacity, to violate any provision of this Ordinance. Any person, firm, or corporation who violates any such provision shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $500.00 dollars or imprisonment for a term not exceeding 30 days, or both. Each day that any violation of any provision of this Ordinance continues shall constitute a separate offense.

A.

Tree Removal.

1.

It shall be unlawful for any person to remove a tree in violation of this ordinance, and upon conviction therefor, shall be punished as provided by Section 1-13 of the Aiken City Code. Each tree removed in violation of Chapter 4, Article 6 shall constitute a separate offense.

2.

In the event the Zoning Official determines that trees have been removed in violation of Chapter 4, Article 6, he may require the property owners of the site to replace the removed trees within a specified period of time with trees of a variety from the Approved Tree List having a minimum caliper of two inches. (Ord. 04082002A) The replacement trees shall be planted on the site and have a cumulative caliper at least equal that of the trees removed, unless, in the opinion of the City Horticulturist, such replanting is infeasible due to lack of available area in which case an appropriate amount shall be placed into the Tree Fund as set forth at 4.6.4.B.2.d. (Ord. 04082002A) The variety and location of the replacement trees shall be approved by the Planning Director. (Ord. 04082002A) The decision of the Zoning Official on replacement may be appealed pursuant to 6.2.20 of this Ordinance.

B.

Maintenance.

1.

If the Zoning Official determines that a site fails to comply with the maintenance requirements of 4.6.8.B (Ord. 04082002A), he shall notify the property owner in writing of the nature of the deficiency and that corrective action is required within 30 days. The Zoning Official may allow additional time for corrective action if adverse weather or other unavoidable circumstances would prevent immediate compliance and shall notify the applicant in writing thereof. If corrective action is not taken within the time allowed, the Zoning Official shall notify the City Attorney who shall be responsible for taking appropriate additional measures to obtain compliance and/or initiate enforcement proceedings or prosecution.

2.

It shall be unlawful for any person willfully to violate the maintenance requirements of Chapter 4, Article 6 of this Ordinance, and, upon conviction, any such person shall be punished as provided by Section 1-13 of the Aiken City Code. Each day that a violation continues after the lapse of the 30-day compliance period or other compliance period authorized in writing by the Zoning Official or other City officer shall constitute a separate offense.

3.

The failure to comply with the maintenance requirements of Chapter 4, Article 6 (Ord. 04082002A) of this Ordinance after the lapse of the 30-day compliance period or other compliance period authorized in writing by the Zoning Official or other City officer shall constitute an additional ground for suspension or revocation of a business license pursuant to Section 15 of the Business License Ordinance.

The Zoning Official shall periodically inspect work in progress under a Certificate of Appropriateness. In the event that this Chapter or a Certificate of Appropriateness is violated, the Design Review Board, Zoning Official, or Building Official may issue an order requiring the person or persons committing the violation to cease and desist immediately therefrom. The cease-and-desist order shall remain in effect until any Certificate of Appropriateness required for the work is approved. A violation of a cease-and-desist order issued by the Board or the Zoning Official or Building Official is hereby declared unlawful and shall be punished as set forth in 9.1.2.