(a)

Concentrated animal feeding operations (CAFOs) or feedlots (swine operations and slaughterhouse operations are defined in article XI, definitions of this chapter. No structure or other facility of a CAFO for swine shall be located closer than one thousand (1,000) feet to the adjoining property line, unless the titleholder of the adjoining land executes a waiver with the titleholder of the land where the CAFO for swine is established or proposed to be established, under terms and conditions that the parties negotiate. However, if the CAFO for swine is located on the adjoining property or within one thousand (1,000) feet of a proposed facility, the property line setback applicable to the proposed facility cannot be reduced by consent of the adjoining property owner.

(b)

CAFOs for swine shall be located no closer than two thousand (2,000) feet from the outer edge of a lake, river or stream, including ephemeral, intermittent, and perennial streams as defined by the SC Forestry Commission.

(c)

CAFOs for swine containing one million (1,000,000) pounds (normal production live weight) or more shall be separated a distance of twenty-five (25) miles. CAFOs for swine containing more than five hundred thousand (500,000) pounds but less than one million (1,000,000) pounds shall be separated a distance of not less than two (2) miles.

(d)

Setback and separation standards for CAFOs for animals other than swine shall be as required by the regulations of the state department of health and environmental control.

(Ord. No. 07-6-12, § 5, 6-5-07)

Owing to the consequences of keeping horses and other equine in residential areas and elsewhere, horse stables, pens and areas for keeping horses shall meet the following requirements:

(1)

Minimum lot area for the first three horses and/or stalls shall be one acre, plus twenty thousand (20,000) square feet for each additional horse and/or stall.

(2)

Lot must be designed to drain, and maintained so as to prevent ponding and propagation of insects, and pollution of adjacent streams and water bodies.

(3)

Lot must be maintained in sanitary condition through the proper use of lime and pesticides.

(4)

Manure piles must be maintained in covered containers located not less than fifty (50) feet from the nearest residential property line and twenty-five (25) feet from any other property line, and must be removed at least twice weekly to prevent propagation of flies and odors.

(5)

Must be stored in rodent-proof containers.

(6)

Feed spillage must be promptly removed to prevent attraction of flies and rodents.

(7)

Exercise and training areas must be dampened to prevent dust accumulation.

(8)

Prompt veterinary care and service must be provided for sick horses, which shall be removed from the premises when deemed necessary by a licensed veterinarian.

(Ord. No. 07-6-12, § 5, 6-5-07)

The following performance standards are designed to ensure that all permitted manufacturing, commercial, and other nonresidential uses listed in Table 1, Permitted Uses, produce no injurious or obnoxious elements related to the operation of such uses beyond the premises.

(1)

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot line; nor shall any vibration produced exceed the following particle velocity levels, measured with a vibration monitor in inches per second at the nearest:

a.

Residential property line: .....0.02

b.

Nonresidential property line: .....0.10

Vibration emanating from construction activities between 7:00 a.m. and 9:00 p.m. shall be exempt from these regulations.

(2)

Fire and explosives. All activities and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazards of fire and explosion, including adequate fire fighting and fire suppression equipment, as prescribed in the International Building Codes.

(3)

Noise. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed at the lot line the following values in any octave band or frequency. Sound pressure level shall be measured with a sound meter and an octave band analyzer that conform to specifications published by the American Standards Association.

(4)

Air pollution. The emission of visible smoke, dust, dirt, fly ash, particulate matter from any pipes, vents, or other openings, or from any other source into the air, shall comply with the regulations of the South Carolina Department of Health and Environmental Control.

(5)

Odor. When an industrial plant is operating at close to maximum production the odors emissions, measured at the property line, shall not exceed a D/T (dilution threshold) of one hundred (100). Odor samples shall be taken and tested by an independent, qualified, odor-testing laboratory using ASTM (American Society of Testing and Materials) method E679-91.

(6)

Glare. There shall be no direct or sky-reflected glare, whether from floodlights, high temperature processing, combustion, welding or otherwise, so as to be visible in any residence.

(7)

Fumes and vapors. There shall be no emission of any fumes or vapors of a noxious, toxic or corrosive nature, which can cause damage or irritation to health, animals, vegetation, or to any form of property.

(8)

Heat, cold, dampness or movement of air. Activity which would produce an adverse impact on the temperature, motion or humidity of the atmosphere beyond the lot line shall not be permitted.

(9)

Toxic matter. The applicant of a permit for any facility which would utilize toxic matter in the process of manufacturing, fabricating, assembling, packaging, or any related activity, shall provide with the application a certificate from the South Carolina Department of Health and Environmental Control, indicating compliance with the rules and regulations of such agency.

(10)

Exterior illumination. All outdoor light fixtures shall be fully shielded and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. Low-pressure sodium should be used wherever possible. The pattern of light pooling from each light source shall be carefully considered to avoid throwing light onto adjacent properties. Light sources visible in residential or medical areas shall not exceed one-tenth (0.1) foot candle. Light sources visible in other areas shall not exceed one-half (0.5) foot candle. Measurements shall be in a vented plane at the property line.

(11)

Compliance guarantee. The applicant of a permit for any manufacturing or processing plant or commercial or other nonresidential use which could produce any of the above "injurious or obnoxious elements" shall acknowledge in writing his or her understanding of the performance standards applicable to the proposed use and shall submit with the permit application an agreement to conform with such standards at all times. Any violation of the agreement shall constitute a violation of this chapter and shall be treated accordingly. Enforcement of this agreement may be precipitated by complaint from any person allegedly aggravated by failure of the industrial use to comply with the provisions of this section. Where there is a potential problem in meeting any one of the performance criteria in this section, the applicant shall be required to mitigate to the satisfaction of the planning and development director any potential adverse impacts of such operation and/or request a variance before the board of appeals, in accord with the provisions of article X.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 07-11-25, § 1, 11-27-07; Ord. No. 14-12-18, § 1, 12-9-14)

The location of these uses, where permitted by Table 1, shall be regulated by the following:

(1)

No such use shall be located closer than five hundred (500) feet to any residential use, church, school, historical place or public park.

(2)

No material or products shall be burned on the premises.

(3)

No material shall be placed in open storage in such a manner that it may be transferred out by wind, water or other causes.

(4)

All paper, rags, cloth and other fibers, and activities involving the same other than loading and unloading shall be within fully closed buildings.

(5)

All materials and activities not within fully enclosed buildings shall be enclosed by an opaque fence or wall or vegetative material, excluding points of ingress or egress, at least eight (8) feet in height.

(6)

No such use shall front on or be visible from a major thoroughfare as designated on the official major thoroughfare map.

(Ord. No. 07-6-12, § 5, 6-5-07)

For purposes of this section 24-3.5, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.

Accessory facility or structure means an accessory facility or structure serving or being used in conjunction with a wireless telecommunications facility, and located on the same property or lot as the wireless telecommunications facility, including but not limited to, utility or transmission equipment storage sheds or cabinets.

Applicant means any wireless service provider or agent submitting an application for a permit for a wireless telecommunications facility.

Application means the documentation that an applicant is required to submit by this section in order to receive a permit for a wireless telecommunications facility.

Antenna means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency or other wireless signals.

Co-location means the use of an existing tower or structure to support an antenna for the provision of wireless services.

Commercial impracticability or commercially impracticable means the inability to perform an act on terms that are reasonable in commerce; the cause or occurrence of which could not have been reasonably anticipated or foreseen and that jeopardizes the financial efficacy of the project. The inability to achieve a satisfactory financial return on investment or profit, standing alone, shall not make a situation "commercially impracticable" and shall not render an act or the terms of an agreement "commercially impracticable."

Completed application means an application that contains all information and data required by this section 24-3.5.

DAS or distributive access system means a technology using antenna combining technology allowing for multiple carriers or wireless service providers to use the same set of antennas.

FAA means the Federal Aviation Administration, or its duly designated and authorized successor agency.

Fall zone means the maximum area (the furthest distance from the tower base) in which a wireless telecommunications facility will collapse in the event of a failure, usually less than the total height of the structure. This zone must be defined by a professional civil or structural engineer licensed in the state.

FCC means the Federal Communications Commission, or its duly designated and authorized successor agency.

Federal means the United States of America.

Height means, when referring to a tower or other structure, the distance measured from the pre-existing grade level to the highest point on the tower or structure, even if said highest point is an antenna or lightning protection device.

Material modification or materially modify means the addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless telecommunications facility, such as antennas or cabling equipment shelters, or changing the color or materials of any significant components. Adding a new wireless carrier or service provider to a telecommunications facility on site as a co-location is a modification. A modification shall not include the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or any matters that involve the normal repair and maintenance of a wireless telecommunications facility without adding, removing, or changing anything.

NIER means non-ionizing electromagnetic radiation.

Permit means the official document or permit by which an applicant is allowed to file for a site permit or building permit to construct and use a wireless telecommunications facility, as granted or issued by the county.

Person means any individual, corporation, estate, trust, partnership, joint stock company, association of two (2) or more persons having a joint common interest, or any other legally recognized entity.

Personal wireless facility See definition for "Wireless telecommunications facilities."

Personal wireless services or PWS or personal telecommunications service or PCS shall have the same meaning as defined and used in the Telecommunications Act of 1996.

Planning commission means the planning commission of county appointed by county council.

Repairs and maintenance means the replacement or repair of any components of a wireless telecommunications facility where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the components or aspects of a wireless facility that will modify the visible appearance of the facility as originally permitted.

Stealth or camouflage means disguising a tower or wireless telecommunications facility so as to make it less visually intrusive and not recognizable to the average person as a wireless telecommunications facility.

Telecommunications means the transmission and/or reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.

Telecommunications site See definition for wireless telecommunications facilities.

Telecommunications structure means a structure used in the provision of services described in the definition of 'Wireless telecommunications facilities'.

Temporary means something intended to, or that does, exist for ninety (90) days or fewer.

Tower means any structure designed primarily to support an antenna for receiving and/or transmitting a wireless signal. A "freestanding tower" shall mean a monopole or self-supporting tower. A "guyed tower" shall mean a tower supported and stabilized through the use of guy wires.

Wireless telecommunications facilities means and includes a telecommunications site and personal wireless facility. It means a structure, facility, or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes, without limit, towers of all types, kinds, and structures, including, but not limited to buildings, church steeples, silos, water towers, signs or other structures that can be used as a support structure for antennas or other transmitting or receiving devices or the functional equivalent of such. It further includes all related facilities and equipment such as cabling, equipment shelters, and other structures associated with the site. It is a structure and facility intended for transmitting and/or receiving radio, television, cellular, SMR, paging, 911, personal communications services (PCS), commercial satellite services, microwave services and any commercial wireless telecommunication service not licensed by the FCC.

(Ord. No. 08-03-13, § 1, 3-4-08)

In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protect the county's health, safety, public welfare, environmental features, and nature and character of the community, the county hereby adopts an overall policy with respect to permits for wireless telecommunications facilities for the express purpose of achieving the following goals:

(1)

Requiring permits for any new wireless telecommunications facilities, tower, co-location of antennas, or material modification of an existing wireless telecommunications facility.

(2)

Implementing an application process for person(s) seeking permits for wireless telecommunications facilities;

(3)

Establishing a policy for examining an application and issuing permits for wireless telecommunications facilities that is both fair and provides consistent disposition.

(4)

Promoting and encouraging, wherever possible, the sharing and/or co-location of wireless telecommunications facilities among service providers.

(5)

Regulating the location of wireless telecommunications facilities in such a manner as to minimize adverse, aesthetic and visual impacts on the land, property, buildings, and other facilities located in the area of wireless telecommunications facilities.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

No person shall be permitted to site, place, build, construct, materially modify, or prepare any site for the placement or use of a wireless telecommunications facility as of the effective date of this ordinance without having first obtained the required permits. Notwithstanding anything to the contrary in this section, no permits shall be required for those non-commercial exceptions noted in section 24-3.5.4, unless deemed in the public interest.

(2)

If constructed as required by permit and applicable laws, regulations and ordinances, all legally permitted wireless telecommunications facilities that existed on or before the effective date of this ordinance [March 5, 2008] shall be allowed to continue as they presently exist, provided however, that any visible modification, any increase to the structural load, or increase in height of an existing wireless telecommunications facility will require the complete facility and any new installation to comply with this section 24-3.5.

(3)

The routine repair and maintenance of a wireless facility does not require a permit. However, any material modification shall require a permit.

(4)

Notwithstanding any other provisions of this section 24-3.5 and all subparts thereof, the co-location and/or shared use of antennas on existing telecommunications towers or other structures such as utility poles, water towers, and other towers, shall be exempt from the public hearing requirement otherwise required for a tower, and shall be subject only to an administrative review process by the county planning and development department.

(Ord. No. 08-03-13, § 1, 3-4-08)

The following facilities shall be exempt from section 24-3.5.

(1)

Any facilities expressly exempt by law from the county's siting, building and permitting authority.

(2)

Over-the-air reception devices including the reception antennas for direct broadcast satellites (DBS), multi-channel multipoint distribution (wireless cable) providers (MMDS), television broadcast stations (TVBS), and other customer-end antennas that receive and transmit fixed wireless signals that are primarily used for reception, but not including microwave dishes.

(3)

Facilities used exclusively for private, non-commercial radio and television reception and private citizen's bands, licensed amateur radio and other similar noncommercial telecommunications.

(4)

Facilities used exclusively for providing unlicensed spread spectrum technologies, such as IEEE 802.11a, b, g services (e.g. Wi-Fi and Bluetooth) where the facility does not require a new tower.

(5)

When placing wireless facilities on government-owned property or facilities, only non-commercial wireless carriers and users are exempt from the permitting requirements of this section 24-3.5.

(Ord. No. 08-03-13, § 1, 3-4-08; Ord. No. 09-08-18, § 1(LMR 6), 8-18-09)

(1)

All applicants for a permit for a wireless telecommunications facility or a co-location that increases the height of such facility shall comply with the requirements set forth in this section 24-3.5. The county planning and development department is the officially designated agency of the county to which applications for such permits must be made, and that is authorized to review, analyze, evaluate and make recommendations regarding granting, denying or revoking of such permits. The county council hereby authorizes the staff of the county planning and development department to accept, review, analyze, evaluate and make recommendations to the planning commission with respect to the granting or not granting or revoking permits for wireless telecommunications facilities.

(2)

The county may reject or delay action on applications not meeting the requirements stated in this section 24-3.5 or which are otherwise not complete.

(3)

No wireless telecommunications facilities shall be installed, constructed or materially modified until the application is reviewed and approved by the County and the permit has been issued.

(4)

An application for a permit for a wireless telecommunications facility shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information.

(5)

The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This requires an executed copy of the lease with the owner or a signed letter of agency acknowledging authorization for the applicant to erect a tower or co-locate on the site. If the applicant owns the site, a copy of the ownership documents is required.

(6)

The application shall include the following statements in writing:

a.

The applicant's proposed wireless telecommunications facility shall be maintained in a safe manner, and in compliance with all conditions of the permit, without exception, unless specifically granted relief by the county in writing, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations; and

b.

The construction of the wireless telecommunications facility is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state and county.

(7)

Where a certification is called for in this ordinance, such certification shall bear the signature and seal of a professional civil or structural engineer licensed in the state.

(8)

An application for a new wireless telecommunications facility or for a co-location that increases the height of a structure shall contain the following information:

Documentation of need for facility:

a.

A description and explanation of the specific objective(s) of the new facility or material modification of the existing wireless facility, expressly including and explaining the purpose and need for the facility, such as coverage and/or capacity needs or requirements and the specific geographic area of intended coverage.

b.

Technical documentation that demonstrates the need for the facility. Such documentation shall include a propagation study of the proposed site and all adjoining planned, proposed or existing sites that illustrates any significant gaps in coverage. If a capacity issue is involved, include an analysis of the current and projected usage in the service area.

Ownership and management:

c.

The name, address and phone number of the person preparing the application.

d.

The name, address, and phone number of the property owner and the applicant, including the legal name of the applicant. If the owner of the facility is different than the applicant, the owner's name and all necessary contact information shall be provided.

e.

The postal address and tax map parcel number of the property.

f.

A copy of the FCC license applicable for the intended use of the facility.

Zoning and planning;

g.

The zoning district or designation in which the property is situated.

h.

The size of the property on which the structure to be attached is located, stated both in square feet and acres, and a survey showing the location and dimensions of all lot lines, fall zone, and the location, size and height of all existing structures located within 110% of the fall zone on the property on which the structure is located that is the subject of the application and on those portions of adjacent properties which are located within the fall zone.

i.

If attaching to an existing wireless telecommunications facility, a site plan and elevation drawing showing the vertical rendition of the wireless telecommunications facility identifying all users and attachments to the wireless telecommunications facility and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting.

j.

If attaching to a building or other structure, a site plan and elevation drawing showing the proposed attachments and all related fixtures, structures, appurtenances and apparatus, including height above the roof or balustrade, whichever is appropriate.

k.

The azimuth, size and center line height location of all proposed and existing antennas on the supporting structure.

l.

The type, location, and dimensions of all proposed and existing landscaping and fencing.

m.

The number, type and design of the telecommunications tower(s) and antenna(s) proposed and the basis for the calculation of the wireless telecommunications facility's capacity to accommodate multiple users.

n.

The applicant shall disclose in writing any agreement in existence prior to submission or during the application that would limit or preclude the ability of the applicant to share any new wireless telecommunication facility that it constructs.

Safety:

o.

If attaching to an existing tower, the age, make, model, type (guyed, self-supporting lattice or monopole) and manufacturer of the tower and the structural design characteristics, certified by a professional civil or structural engineer licensed in the State of South Carolina, certifying the tower's capability to safely accommodate the applicant's antennas without change or modification.

p.

If any material modification of the tower or other structure is needed, a detailed narrative explaining what changes are needed, why they are needed, and who will be responsible for such changes.

q.

If attaching to an existing structure other than a tower, a structural report signed and sealed by a Professional Civil or Structural Engineer licensed to do business in the State of South Carolina certifying the structural adequacy of the structure to accommodate the proposed wireless facility(s), including any equipment shelter, unless the equipment shelter is located on the ground floor or lowest floor of a building.

r.

A statement certifying that the proposed telecommunications facility will be operated in compliance with the FCC's current (Radio Frequency) RF emissions standards.

(9)

The applicant will provide a written copy of an analysis completed by a qualified individual or organization to determine if the proposed new wireless telecommunications facility is in compliance with Federal Aviation Administration Regulation Part 77 and if it requires lighting. This analysis shall also be required for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, the FAA determination shall be provided prior to the issuance of any building permit for the facility.

(10)

Application for new wireless telecommunications facility:

a.

In the case of a new wireless communications facility, the applicant shall submit a written report demonstrating its meaningful efforts to secure shared use of existing wireless communications facilities or the use of other structures within the county that are at or above the surrounding tree height or the tallest obstruction within one (1) mile of the proposed wireless communications facility. Copies of such requests and responses for shared use shall be provided to the county in the application, along with any letters of rejection.

b.

The applicant shall examine the feasibility of designing the proposed wireless telecommunications facility to accommodate future demand for additional commercial applications. The wireless communications facility shall be structurally designed to accommodate at least three (3) additional antenna arrays equal to those of the applicant. This requirement may be waived, provided that the applicant, in writing, certifies that the provisions of future shared usage of the wireless communications facility is not technologically feasible, is commercially impracticable, or creates an unnecessary and unreasonable burden.

c.

The owner of any wireless telecommunications facility approved pursuant to this chapter shall negotiate in good faith for the shared use of the proposed wireless telecommunications facility by other wireless service providers and/or local government in the future, and shall:

i.

Respond within sixty (60) days to a request for information from a potential shared-use applicant;

ii.

Negotiate in good faith concerning future requests for shared use of such wireless communications facility by other telecommunications providers; and

iii.

Allow shared use of the wireless communications facility if another telecommunications provider agrees in writing to commercially reasonable terms; and

iv.

Allow Aiken County to share the wireless telecommunications facility for emergency services and government use at no cost.

d.

Failure to abide by the conditions set forth above in section 24-3.5.5 may be grounds for revocation of the permit.

(11)

The applicant shall provide certification from a professional civil or structural engineer licensed in the state that the telecommunications facility is designed and will be constructed to meet all county, state, and federal structural requirements for loads, including wind and ice loads and including, but not limited to all applicable ANSI (American National Standards Institute) guidelines.

(12)

If the proposal is for a co-location or modification on an existing tower, the applicant is to provide signed documentation of the tower condition in the form of an ANSI Report as per Annex E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or the most recent version. The inspection report must be performed every three (3) years for a guyed tower and five (5) years for monopole and self-supporting towers.

(13)

If the application is for a new tower, a new antenna attachment to an existing structure other than a tower, or a material modification to an existing structure, the applicant shall furnish a Visual Impact Assessment, which shall include digital pictorial representations of "before and after" (digital photo simulations) views from key viewpoints inside of the county as may be appropriate and required, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. The applicant shall provide a map showing the locations of where the digital pictures were taken and the distance from the proposed structure.

(14)

The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless facility.

(15)

The wireless facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings. This shall include the utilization of stealth or camouflage or concealment technology as feasible.

(16)

All utilities at a wireless telecommunications facility site shall be installed underground and in compliance with all laws, ordinances, rules and regulations of the county, state, or United States including specifically, but not limited to, the NFPA Life Safety Code and the National Electrical Code where appropriate.

(17)

At a wireless telecommunications facilities site an access road shall be provided to assure adequate emergency and service access.

(18)

All wireless telecommunications facilities shall be constructed, operated, maintained, repaired, provided for removal of, modified or restored in strict compliance with all current applicable technical, safety and safety-related codes adopted by the county, state, or United States, including but not limited to the most recent editions of the ANSI Code, National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

(19)

A holder of a permit granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, ordinance, rule, regulation or code, and must maintain the same, in full force and effect, for as long as required by the county or other governmental entity or agency having jurisdiction over the applicant.

(20)

The holder of a permit shall notify the county of any intended material modification to a wireless telecommunications facility and shall apply to the county to materially modify, relocate, or rebuild a wireless telecommunications facility.

(21)

There shall be a preapplication meeting for all intended applications. The purpose of the preapplication meeting will be to address issues that will help to expedite the review and permitting process.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

An application to increase the height of a wireless communications facility shall be deemed a new wireless telecommunications facility application and shall not qualify for treatment as an attachment to an existing wireless telecommunications facility or other structure under this chapter.

(2)

There shall be no public hearing required for an application to attach to an wireless communications facility as long as there is no proposed increase in the height of the tower or other structure. However, the planning commission may require such a public hearing for good cause. The permit shall be issued administratively by the planning and development department once all requirements of this section are met.

(3)

An application for a permit to attach a wireless facility to an existing structure, including but not limited to a cellular, PCS, or microwave facility, shall contain the information and comply with the requirements of the following subsections:

(4)

The applicant must provide documentation to verify it has the right to proceed as proposed on the site. This requires an executed copy of the lease with the owner or a signed letter of agency acknowledging authorization for the applicant to attach an antenna to a wireless telecommunications facility on the site. If the applicant owns the site, a copy of the ownership documents is required.

(5)

The applicant shall include the following written statement:

a.

The applicant's proposed wireless telecommunications facility shall be maintained in a safe manner and in compliance with all conditions of all applicable permits and authorizations, without exception, as well as all applicable and permissible local codes, ordinances, and regulations, including any and all applicable county, state and federal laws, rules, and regulations; and

b.

The construction of the wireless telecommunications facility is legally permissible, including, but not limited to the fact that the applicant is authorized to do business in the state.

(6)

An application to attach to an existing structure without increasing the height shall be made on forms provided by the county and shall contain the following information.

Documentation of need:

a.

A narrative description and explanation of the specific objectives for the new facility, expressly including and explaining the purpose and need for the facility, such as coverage and/or capacity needs or requirements, and the specific geographic area of intended coverage.

b.

Technical documentation demonstrating the need for the wireless telecommunications facility. Such documentation shall include a propagation study of the proposed site and all adjoining planned, proposed, or existing sites that illustrate any significant gaps in coverage. If a capacity issue is involved also include an analysis of the current and projected usage.

Ownership and management:

c.

The name, address and phone number of the person preparing the application.

d.

The name, address, and phone number of the property owner and the applicant, including the legal name of the applicant. If the owner of the structure is different than the applicant, the owner's name and all necessary contact information shall be provided.

e.

The postal address and tax map parcel number of the property.

f.

A copy of the FCC license applicable for the intended use of the facility.

Zoning and planning:

g.

The zoning district or designation in which the property is situated.

h.

The size of the property on which the structure to be attached is located, stated both in square feet and acres, and a survey showing the location and dimensions of all lot lines.

i.

The location, size and height of all existing and proposed structures within the fall zone plus ten (10) percent on the property on which the structure is located and that is the subject of the application.

j.

If attaching to an existing wireless telecommunications facility, a site plan and elevation drawing showing the vertical rendition of the wireless telecommunications facility identifying all users and attachments to the tower and all related fixtures, structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting;

k.

If attaching to a building or other structure, a site plan and elevation drawing showing the proposed attachments and all related fixtures, structures, appurtenances and apparatus, including height above the roof or balustrade, whichever is appropriate.

l.

The azimuth, size and center line height location of all proposed and existing antennas on the supporting structure.

m.

The number, type and model of the antenna(s) proposed, along with a copy of the specification sheet(s) for the antennas.

Safety:

n.

If attaching to an existing wireless telecommunications facility, the age, make, model, type (guyed, self-supporting lattice, or monopole) and manufacturer of the wireless telecommunications facility and the structural design characteristics, certified by a professional engineer licensed in the state, certifying the wireless telecommunications facility's capability to safely accommodate the facilities of the applicant without change or modification.

o.

If any change to the wireless telecommunications facility or other structure to be attached to is needed, a detailed narrative explaining what changes are needed, why they are needed and who will be responsible for making the changes.

p.

If attaching to an existing structure other than a tower, a structural report signed and sealed by a professional civil or structural engineer licensed in the state certifying the structural adequacy of the structure to accommodate the proposed wireless facility, including any equipment shelter, unless the equipment shelter is located on the ground floor or on the lowest floor of a building.

q.

A signed statement that the applicant will expeditiously remedy any physical or RF interference with other wireless devices or services.

r.

A statement certifying that the proposed telecommunications facility will be operated in compliance with the FCC's current RF emission standards.

(7)

To protect the nature and character of the area and create the least visually intrusive impact reasonably possible under the facts and circumstances, for any attachment to a building or other structure with a fascia the antennas shall be mounted on the fascia and all such attachments and exposed cabling shall use camouflage or stealth techniques to match as closely as possible the color and texture of the existing structure.

(8)

The applicant shall provide a certification by a professional engineer licensed in the state that the tower or other structure and its foundation as proposed to be utilized are designed and constructed to meet all local, county, state, federal, and ANSI structural requirements for loads, including wind and ice loads and the placement of any equipment on the roof of a building after the addition of the proposed new facilities.

(9)

If the application is to attach to or modify existing facilities on a wireless telecommunications facility, the applicant shall provide signed documentation of the tower condition, specifically a report done pursuant to the latest edition of ANSI-EIA/TIA 222F - Annex E for any self-supporting tower that is five (5) years old or older or for a guyed tower that is three (3) years old or older. Any deficiencies, other than strictly cosmetic ones, must be completed or remedied prior to the issuance of a permit for the attachment of any component of the proposed wireless facilities.

(10)

All antennas attached to a tower or other structure shall be flush mounted or as near to flush mounted as possible unless the applicant can demonstrate technically the flush mounting cannot be used and would serve to prohibit or have the effect of prohibiting the provision of service.

(11)

All utilities installed for a new wireless telecommunications facility shall be installed in compliance with all laws, ordinances, rules and regulations of the county, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.

(12)

If deemed necessary or appropriate, an access road or driveway shall be provided to assure adequate emergency and service access. This road or driveway shall be maintained by the owner of the facility.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

The planning commission may disapprove an application for any of the following reasons based upon substantial evidence in the record before it:

a.

Conflict with safety and safety-related codes and requirements.

b.

Conflict with a designated historical site.

c.

The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the county, or employees of the service provider or other service providers.

d.

Conflicts with the provisions of this section 24-3.5.

(2)

Notwithstanding anything to the contrary in this section 24-3.5, for good cause shown, such as the ability to utilize a shorter or less intrusive facility elsewhere and still accomplish the primary service objective, the county may require the relocation of a proposed site, including allowing for the fact that relocating the site chosen by the applicant may require the use of more than one (1) site to provide substantially the same service, if the relocation could result in a less intrusive facility or facilities, singly or in combination.

(Ord. No. 08-03-13, § 1, 3-4-08; Ord. No. 14-12-18, § 1, 12-9-14)

(1)

The county, as opposed to the construction of a new wireless telecommunications facility, requires wireless facilities to be located on existing wireless telecommunications facilities or other structures without increasing the height of the wireless telecommunications facility or structure, unless such is proven to be technologically impracticable. The applicant shall submit a comprehensive report inventorying all existing wireless telecommunications facilities and other suitable structures within one (1) mile of the location of any proposed new wireless telecommunications facility, unless the applicant can show that some other distance is more appropriate and reasonable, and demonstrate conclusively why an existing wireless telecommunications facility or other suitable structure cannot be used.

(2)

An applicant intending to locate on an existing wireless telecommunications facility or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

The type and maximum height of new self-supporting, lattice, monopole, or guyed wireless telecommunications facilities shall be limited as follows, based on the zoning district in which located. Variances from the height limitations exceeding an additional ten (10) percent of the height allowed in that zoning district or type of wireless telecommunications facility found below in this section 24-3.5.9 shall not be granted or approved.

Residential (OR, NC, RM, RH5, RC, RH5B): Wireless telecommunications facilities are not allowed in these districts, except for co-locations to existing structures that shall not increase the height of the existing structures.

Residential (RD): Monopole towers with height not exceeding one hundred (100) feet, providing that there are no residences within one thousand five hundred (1,500) feet of the structure.

Limited/Urban Development Use (LD, UD, HCO, RRC): Monopole towers with height not exceeding one hundred fifty (150) feet.

Industrial/Agricultural Use (IND, AP): Monopole, self-supporting, lattice, or guyed tower with height not exceeding two hundred fifty (250) feet.

Rural (RUD, RUC)—More than one (1) mile from existing RC zoning district: Monopole, self supporting, lattice, or guyed tower with height not exceeding three hundred fifty (350) feet.

Rural (RUD, RUC)—One (1) mile or less from existing RC zoning district: Monopole, self supporting, lattice, or guyed tower with height not exceeding one hundred (100) feet. Monopole, self-supporting, lattice or guyed towers within one mile of an existing RC zoning district may be approved up to a height of two hundred fifty (250) feet by the board of zoning appeals upon the granting of a special exception. In making the determination, the board of zoning Appeals must find each of the following:

(i)

The proposed tower will be set back a distance equal to at least two (2) times the height of the proposed tower from an existing RC zoning district;

(ii)

The applicant demonstrates the purpose and need for the height of the proposed tower based on the coverage and/or capacity need or requirements of the applicant's telecommunication system for Aiken County (Aiken County reserves the right to secure a third-party wireless telecommunication facility engineer at the applicant's expense to verify that the requested height is required to provide service);

(iii)

The proposed tower shall be structurally designed to accommodate at least four (4) additional antenna arrays equal to those of the applicant;

(iv)

Sufficient natural vegetation exists on the subject property or adequate landscaping will be provided to shield the view of the ground equipment associated with the proposed tower from any public right-of-way or adjacent property used for residential purposes; and

(v)

The proposed tower will be made available to Aiken County for emergency services and government use at no cost.

Planned development (PUD): Tower design and height shall be as specified in the approved PUD plan under conditions set forth in plan, and shall be limited as described above for the zoning district in which the PUD is located.

(2)

The following types of towers shall be exempt from the three hundred fifty-foot height cap in the RUD district; however they are subject to all remaining requirements of this section 24-3.5:

(i)

Antenna support structures, antennas, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with federal, state and county regulations.

(ii)

Any cable television head end or hub tower and antennas used solely for cable television services.

(Ord. No. 08-03-13, § 1, 3-4-08; Ord. No. 10-06-10, § 1, 6-15-10)

(1)

Wireless telecommunications facilities shall not be artificially lighted or marked except as required by law.

(2)

All new wireless telecommunications facilities, including but not limited to towers shall utilize stealth or camouflage techniques and technology to the extent such is commercially or technologically practicable.

(3)

Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this section 24-3.5.

(4)

If lighting is required, it shall be provided pursuant to current federal regulations and guidelines.

(5)

If attached to a building, all antennas shall be mounted on the facade of the building and camouflaged so as to match the color and, if possible, texture of the building or in a manner so as to make the antennas as visually unobtrusive as possible given the facts and circumstances involved.

(6)

In the event a wireless telecommunications facility that is lighted is materially modified, at the time of the modification the county may require that the tower be retrofitted with the lighting technology currently required by FAA regulations and guidelines.

(Ord. No. 08-03-13, § 1, 3-4-08)

All wireless telecommunications facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically:

(1)

All antennas, towers and other supporting structures, including guy anchor points and wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or collided with; and

(2)

Transmitters and telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them.

(Ord. No. 08-03-13, § 1, 3-4-08)

Wireless telecommunications facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of RF radiation or to control exposure to RF radiation within a given area. Other safety-related and notice signs no larger than four (4) square feet are also allowed. A sign of the same size is also to be installed to contain the name(s) of the owner(s) and operator(s) of each antenna as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. On tower sites, an FCC registration sign as applicable shall also be present. The signs shall not be lighted, unless applicable law, rule or regulation requires lighting. No other signage, including advertising, shall be permitted.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

All wireless telecommunications facilities shall be setback from abutting parcels, existing structures including habitable (residential) buildings, and right-of-way of roads and streets by the greater of the following distances: the fall zone plus ten (10) percent, or the existing setback requirement of the zoning district, whichever is greater. Any accessory structure shall be located so as to comply with the applicable minimum setback requirements for the property and zoning district in which it is situated.

(2)

There shall be no development or construction of habitable (residential) buildings within the fall zone or setback area set forth in the immediately preceding section 24-3.5.13.1 The applicant shall provide written proof that the owner of property on which a tower is proposed to be erected has been notified of this limiting provision regarding habitable (residential) buildings. Such proof of notification of this limiting provision shall be in the form of a written and properly executed agreement between the applicant and the owner of the property, or in other form which is approved by the planning and development director.

(Ord. No. 08-03-13, § 1, 3-4-08; Ord. No. 14-12-18, § 1, 12-9-14)

The county may hire any licensed engineer and/or qualified expert necessary to assist the county in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any site inspections.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

Prior to the approval of any application for a permit for a new wireless telecommunication facility or for any wireless telecommunication facility that increases the height of the structure to which it is to be attached, a public hearing shall be held by the county planning commission, notice of which shall be published by the county staff in a newspaper of general circulation in the county no less than ten (10) calendar days prior to the scheduled date of the public hearing. In order that the nearby landowners are aware of the public hearing, the county staff shall provide written notice of the hearing no less than ten (10) calendar days prior to the scheduled date of the public hearing to all landowners within seven hundred and fifty (750) feet of any property line of the lot or parcel on which the new wireless telecommunications facility is proposed to be located or on which the proposed wireless telecommunication facility that increases the height of the structure to which it is to be attached is located. In addition to the newspaper notice and written notice to nearby property owners, no less than ten (10) calendar days prior to the scheduled date of the hearing the county staff also shall post the property proposed for the wireless telecommunication facility. At least one (1) notice sign shall be posted conspicuously so as to be visible from each public thoroughfare that adjoins the site property. Each sign shall bear conspicuously the words as follows:

NOTICE OF PUBLIC HEARING

THIS PROPERTY IS UNDER CONSIDERATION AS THE SITE FOR THE ERECTION OF A WIRELESS TELECOMMUNICATIONS FACILITY (CELL TOWER) OR A FACILITY THAT INCREASES THE HEIGHT OF A TOWER.

HEARING DATE:_______TIME: _____

BUILDING: _____

LOCATION: _____ _

_____

APPLICANT: _____

(2)

The county shall schedule the public hearing referred to in subsection (1) of this section once the application is complete and is not required to schedule such hearing if the application is not complete. The county, at any stage prior to issuing a permit, may require such additional information as it deems necessary as such relates to the issue of the siting, construction or modification of a wireless telecommunications facility.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

After the public hearing and after formally considering the application, the county planning commission may determine in writing the approval, approval with conditions, or denial of a permit.

(2)

If the planning commission approves the permit for a wireless telecommunications facility, then the applicant shall be notified of such approval in writing within ten (10) calendar days of the planning commission's action, and the permit shall be issued within thirty (30) days after all conditions of such approval is met. Except for necessary building permits and subsequent certificates of occupancy, once a permit has been granted hereunder, no additional permits or approvals from the county shall be required by the county for the wireless telecommunications facility covered by the permit.

(3)

If the planning commission denies the permit for a wireless telecommunications facility, then the applicant shall be notified of such denial in writing within ten (10) calendar days of the action and it shall set forth in writing the reason for the denial. Appeals may be made to the board of appeals.

(Ord. No. 08-03-13, § 1, 3-4-08)

The extent and parameters of a permit for wireless telecommunications facilities shall be as follows:

(1)

Such permit may not be assigned, transferred or conveyed without the prior written notification to the county.

(2)

In the event that the county determines that a violation of a permit or of this section 24-3.5 has occurred, the county shall proceed as provided under sections 24-10.21 and 24-10.22 of the Aiken County Code.

(Ord. No. 08-03-13, § 1, 3-4-08)

At the time that an applicant submits an application for a permit under this section 24-3.5, such applicant shall pay an application fee to the county intended to cover the county's reasonable cost to review such application and to provide required inspections of the facility. The amount of such fees shall be set by the county council.

(Ord. No. 08-03-13, § 1, 3-4-08)

The applicant and the owner of record of any proposed wireless telecommunications facility shall, at its cost and expense, be required to execute and file with the county a bond or other form of security acceptable to the county as to type of security and the form and manner of execution, in an amount of at least seventy-five thousand dollars ($75,000.00) for a wireless telecommunications facility and twenty-five thousand dollars ($25,000.00) for a co-location on an existing wireless telecommunications facility or other structure and with such sureties as are deemed sufficient by the county to assure the faithful performance of the terms and conditions of this section 24-3.5 and conditions of any permit issued pursuant to this section 24-3.5. The full amount of the bond or security shall remain in full force and effect throughout the term of the permit and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original permit.

(Ord. No. 08-03-13, § 1, 3-4-08)

In order to verify that the holder of a permit for a wireless telecommunications facility and any and all lessees, renters, and/or licensees of a wireless telecommunications facility, place, construct and operate such facility, including towers and antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the county may inspect all facets of the placement, construction, modification and maintenance of such facility, including, but not limited to, towers, antennas, and buildings or other structures constructed or located on the permitted site.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

A holder of a permit for wireless telecommunications facilities shall secure and at all times maintain public liability insurance for bodily injuries, death and property damage, umbrella insurance coverage, automobile insurance coverage, and workers compensation insurance for the duration of the permit in amounts as set forth below:

a.

Commercial general liability covering bodily injuries, death and property damage: One million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate; and

b.

Automobile coverage: One million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate; and

c.

Three million dollars ($3,000,000) umbrella coverage; and

d.

Workers compensation in statutory amounts.

(2)

For a wireless telecommunications facility on property owned or leased by the county, the commercial general liability insurance policy shall specifically include all of the county and its officers, officials, appointees, employees, attorneys, agents and consultants as additional insured(s).

(3)

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least A.

(4)

The insurance policies shall contain an endorsement obligating the insurance company to furnish the county with at least thirty (30) days' prior written notice in advance of the cancellation of the insurance.

(5)

Renewal or replacement policies or certificates shall be delivered to the county at least fifteen (15) days before the expiration of the insurance that such policies are to renew or replace.

(6)

Before construction of a permitted wireless telecommunications facility is initiated, but in no case later than fifteen (15) days after the issuance of the development permit, the holder of the development permit shall deliver to the county a copy of each of the policies or certificates representing the insurance in the required amounts.

(7)

A certificate of insurance that states that it is informational purposes only and does not confer rights upon the county shall be deemed to not comply with this section.

(Ord. No. 08-03-13, § 1, 3-4-08; Ord. No. 14-12-18, § 1, 12-9-14)

(1)

Any application for a wireless telecommunication facility that is proposed for county property pursuant to this section 24-3.5 shall contain a provision on indemnification. Such provision shall require the applicant, at all times to defend, indemnify, protect, save, hold harmless, and exempt the county, and all of its officers, officials, appointees, employees, attorneys, agents, and consultants from any and all penalties, liabilities, damages, costs, fines or charges arising out of any and all claims, suits, demands, causes of action, or awards of damages, whether compensatory or punitive, or expenses arising there from, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products-performance, use, operation, maintenance, repair, installation, replacement, removal, failure, or restoration of said facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the county. With respect to the costs referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the county.

(2)

Notwithstanding the requirements noted in subsection (1) of this section, an indemnification provision will not be required in those instances where the county itself applies for and secures a permit for a wireless telecommunications facility.

(Ord. No. 08-03-13, § 1, 3-4-08)

If a wireless telecommunications facility is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter or of the permit, then the county shall notify the holder of the permit in writing of such violation. A permit holder in violation may be considered in default and subject to the penalties and remedies in section 10.21 and 10.22, and if a violation is not corrected to the satisfaction of the county in six (6) months, the permit is subject to revocation.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

The owner of any wireless telecommunications facility shall be required to provide a minimum of thirty (30) days' written notice to the county planning and development department prior to abandoning or ceasing the operation of any wireless telecommunications facility.

(2)

Under the following circumstances, the county may determine that the health, safety, and welfare interests of the county warrant and require the removal of a wireless telecommunications facility:

a.

Wireless telecommunications facilities with or without a permit have been abandoned or have ceased operation (i.e. not used as wireless telecommunications facilities) for a period exceeding ninety (90) consecutive days or a total of one hundred eighty (180) days in any three hundred sixty-five-day period, except for periods caused by force majeure or acts of God, in which case repair or removal shall commence within ninety (90) days; or

b.

Permitted or unpermitted wireless telecommunications facilities have fallen into such a state of disrepair that they create a health or safety hazard; or

c.

Wireless telecommunications facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required permit under section 24-3.5 or any other necessary authorization or permit.

(3)

If the county makes such a determination as noted in subsection 24-3.5.23.2 of this section, then the county shall notify the holder of the permit for the wireless facility within two (2) working days of such determination that said facility shall be removed. In such cases the county may approve an interim temporary use agreement/permit to enable the sale of the wireless telecommunications facility.

(4)

The holder of the permit, or its successors or assigns, shall dismantle and remove such wireless telecommunications facility and all associated structures from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical impossibility, within ninety (90) days of receipt of written notice from the county. However, if the owner of the property upon which the wireless facility is located wishes to retain any access roadway to the facility, the owner may do so with the approval of the county.

(5)

If the wireless telecommunications facility is not removed or substantial progress has not been made to remove the facility within ninety (90) days after the permit holder has received notice, then the county may order officials or representatives of the county to remove the wireless telecommunications facility at the sole expense of the owner or permit holder.

(6)

If the county removes or causes to be removed the wireless telecommunications facility, and the owner of said facility does not claim and remove the components comprising the wireless telecommunications facility from the site to a lawful location within ten (10) days of the county's removal, then the county may take steps to declare the wireless telecommunications facility abandoned and sell the components.

(7)

Notwithstanding anything in this section 24-3.5 to the contrary, the county may approve a temporary use permit/agreement for the wireless telecommunications facility, for no more than ninety (90) days, during which time a suitable plan for removal, conversion, or relocation of the affected facility shall be developed by the holder of the permit subject to the approval of the county and an agreement to such plan shall be executed by the holder of the permit and the county. If such a plan is not developed, approved, and executed within the ninety-day time period, then the county may take possession of and dispose of the affected wireless telecommunications facility in the manner provided in this section and utilize the bond described in section 24-3.5-18.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

Any applicant desiring relief, variance, waiver, or modification, from any aspect or requirement of section 24.3.5 may request such relief from the board of appeals in the submitted application for a new permit, or in the case of an existing or previously granted permit, in a request for modification of the previously permitted tower and/or other facilities. Such requested relief, variance, waiver, or modification, may be temporary or permanent, partial or complete. No such relief, variance, waiver, or modification, shall be approved unless the applicant demonstrates, in addition to the other requirements for such relief, variance, waiver or modification, to the board of appeals that, if granted, the relief, variance, waiver, or modification will have no significant effect on the health, safety and welfare of the county, its residents and other service providers.

(2)

The board of appeals may attach to the approval of any relief, variance, waiver, or modification such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area and/or to promote the public health, safety, or general welfare.

(3)

The provisions of section 24-9.3 of this chapter shall apply to such requests for relief, variance, waiver, modification, or exemption.

(4)

Relief from any limitation or requirement of section 24-3.5 may be considered by the board of appeals prior to, concurrent with, or subsequent to the consideration of an application for any permit required by 24-3.5.3 at the discretion of the applicant.

(Ord. No. 08-03-13, § 1, 3-4-08)

(1)

The holder of a permit issued under this section 24-3.5 shall comply with all applicable state and federal laws, regulations and rules pertaining to the wireless telecommunications facility for which the permit was issued.

(2)

The county shall enforce this section 24-3.5 in a manner consistent with applicable state and federal laws, regulations, and rules.

(Ord. No. 08-03-13, § 1, 3-4-08)

Solid-waste landfills are divided by this section into two (2) categories—sanitary landfills and inert landfills—and regulated as follows: All landfills must obtain necessary SCDHEC permits prior to issuance of any county permit. All sanitary and inert landfills must have direct access only to a paved public road, and must be located no closer than five hundred (500) feet from a lake, river or perennial stream (but not from an ephemeral or intermittent stream) as defined by the S.C. Forestry Commission.

(1)

Sanitary landfills.

a.

Sanitary landfills shall be located no closer than two thousand five hundred (2,500) feet from the property line of any existing residential, recreational, religious, educational, medical or public use (measured in a straight line.)

b.

A geo-technical engineering firm approved by the planning and development director shall render a written opinion that, to the best professional judgment, the formations being used to contain the waste are impermeable and that surrounding ground water sources will not be contaminated.

c.

The facility shall be enclosed by an opaque fence or wall structure illustrated by section 24-5.2, on all sides visible from the street serving the facility and an opaque cyclone fence on the remaining unexposed boundaries.

d.

A plan showing details of restoration and revegetation of the site on completion of use as a landfill shall accompany the request.

(2)

Inert landfill. There are two (2) types of inert landfill: construction and demolition (C&D) landfill and land-clearing debris landfill.

a.

An inert landfill may be located up to, but not closer than three hundred (300) feet from any property line, except such landfill shall not be located closer than five hundred (500) feet from any dwelling, school building, day care center, religious, recreational, or medical facility (measured in a straight line).

b.

No material shall be placed in open storage or areas in such a manner that it may be transferred out by wind, water, or other causes.

c.

All materials and activities shall be screened in such fashion as not to be visible from off-site. The planning and development director may waive the provisions of this subsection where such facility will be utilized for a period not to exceed ninety (90) days.

d.

The site shall be restored and revegetated on completion of use as a landfill.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

Bed and breakfast inns are intended to provide a unique transient lodging experience in predominantly residential environs. As a result, care should be taken to protect the environs that contribute to the experience of such lodging while promoting their use. Toward this end, bed and breakfast inns, where conditionally permitted by this chapter, shall:

(1)

Be dwellings occupied by the owner;

(2)

Serve no regularly scheduled meal other than breakfast unless location is properly zoned for restaurant use;

(3)

Maintain the interior architectural integrity and arrangement of the structure and shall not increase the number of guestrooms above the number of bedrooms in the original structure;

(4)

Maintain the exterior architectural integrity of the structure and grounds and make changes only if compatible with the character of the surrounding area;

(5)

Provide off-street parking on the basis of one and one-half (1½) space per guest room; further provided that sufficient off-street parking space shall be available on-site to accommodate private gatherings where proposed by the applicant; and

(6)

Be permitted one (1) externally illuminated identification sign, not to exceed six (6) square feet in area.

(Ord. No. 07-6-12, § 5, 6-5-07)

Camps and recreational vehicle (RV) parks, where conditionally permitted by Table 1, shall comply with the following standards.

(1)

The site shall contain at least two (2) acres and shall have a minimum of fifty (50) feet of street frontage on a public road or have a fifty-foot wide deeded ingress/egress easement to a public road.

(2)

The site shall be developed in a manner that preserves natural features and landscape, of which not less than twenty (20) percent shall be set aside and maintained as common open space.

(3)

The following dimensional requirements shall serve as parameters beyond which development shall not exceed.

a.

Maximum impervious surface ratio shall not exceed fifteen (15) percent of the project site.

b.

Minimum setbacks for all structures and recreational vehicles shall be:

Street right-of-way: Thirty (30) feet.

Local street: Forty (40) feet.

Collector street: Fifty (50) feet.

Arterial street: Fifty (50) feet.

All other property lines: Fifty (50) feet.

Separation between RVs or other structures: Twenty (20) feet.

c.

Maximum density shall not exceed twelve (12) vehicles or campsites per acre.

d.

Bufferyards shall be as specified by section 24-5.1 on parks five (5) acres or greater.

1.

For campground and RV parks located on parcels smaller than five (5) acres in size: Type 3 or greater planted bufferyard on all side and rear property lines, except for along railroad tracks, rivers, and creeks as long as not residential structures are located on the adjoining property. Type 1 bufferyard along the street frontage.

(4)

Except for designated driveways, areas designated for parking and loading or for traffic-ways shall be physically separated from public streets by suitable barriers.

(5)

All streets within camps and RV parks shall be private and not publicly owned and/or maintained.

(6)

Each RV park site shall be serviced by public water and sewer or other systems approved by DHEC.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 12-11-15, § 1, 11-13-12; Ord. No. 16-09-16, § 1.B., 9-20-16; Ord. No. 19-06-19, § 2, 6-18-19)

General auto and other repair establishments shall be conducted within fully enclosed and secured buildings. There shall be no open storage of junked vehicles, dismantled parts, scrap parts or other salvage material other than outdoor storage of not more than ten (10) disabled vehicles with current license plates. Servicing shall be conducted in an area that can be cleaned.

(Ord. No. 07-6-12, § 5, 6-5-07)

It is the purpose of these requirements to promote the health, safety, morals, and general welfare of the citizens of the county, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the county. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent, nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor the effect of this chapter to condone or legitimize the distribution of obscene material.

(Ord. No. 07-6-12, § 5, 6-5-07)

Sexually oriented businesses are classified as follows:

(1)

Adult arcades.

(2)

Adult bookstores or adult video stores.

(3)

Adult cabarets.

(4)

Adult motels.

(5)

Adult motion picture theaters.

(6)

Adult theaters.

(7)

Escort agencies

(8)

Nude model studios.

(9)

Sexual-encounter centers.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

A person commits a misdemeanor if he operates a sexually oriented business without a valid permit issued by the county for the particular type of business.

(b)

An application for a permit must be made on a form provided by the county planning and development department.

(c)

The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches per dimension.

(d)

The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official.

(e)

If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten-percent or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten-percent or greater interest in the corporation must sign the application for a permit as applicant.

(f)

The fact that a person possesses other types of state or county permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business permit from Aiken County.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

The county planning and development director shall approve the issuance of a permit to an applicant within thirty (30) days after receipt of an application unless the planning and development director finds one (1) or more of the following to be true:

(1)

An applicant is under eighteen (18) years of age;

(2)

A applicant or an applicant's spouse is overdue in the payment to the county of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business;

(3)

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form;

(4)

An applicant is residing with a person who has been denied a permit by the county to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked by the county within the preceding twelve (12) months;

(5)

The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and/or the building official as being in compliance with applicable laws and ordinances. If any of the required inspections have not been completed in the forty-five-day period after application submittal, the planning and development director shall, upon written request of the applicant, issue a sexually oriented business permit contingent upon successful completion of the required inspection, provided that, along with the written request for the contingent permit, the applicant submits written documentation that it requested the inspections in a timely manner and that all other requirements for issuance of the permit have been satisfied. For purposes of this subsection, a request for an inspection shall be deemed to be "timely" if requested between sixty (60) and thirty (30) days prior to expiration of the permit. An inspection is not timely if done prior to sixty (60) days before expiration. The contingent permit shall be immediately deemed null and void if the applicant fails any inspection;

(6)

The fee required by this chapter has not been paid;

(7)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

(b)

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that it may be read easily at any time.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

The fee for a sexually oriented business permit must accompany each application.

(Ord. No. 07-6-12, § 5, 6-5-07)

An applicant or permittee shall permit representatives of the sheriff's department, health department, fire department, planning and development department, or other county or state departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. A person who operates a sexually oriented business or that person's agent or employee commits a misdemeanor if he or she refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided by section 24-3.10.3. Application for renewal should be made at least thirty (30) days before the expiration date, but not more than sixty (60) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected. It is the responsibility of the applicant to ensure that he or she meets these deadlines.

(b)

When the planning and development director denies renewal of a permit, the applicant shall not be issued a permit for one (1) year from the date of denial. If, subsequent to denial, the planning and development director finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least ninety (90) days have elapsed since the date denial became final.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

The planning and development director shall suspend a permit for a period not to exceed thirty (30) days if the planning and development director determines that a permittee or an employee of a permittee has:

(1)

Violated or is not in compliance with any section of this chapter;

(2)

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;

(3)

Refused to allow an inspection of the sexually oriented business premises as authorized by this section; and/or

(4)

Knowingly permitted gambling by any person on the premises of the sexually oriented business.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

(a)

The planning and development director shall revoke a permit if a cause of suspension in section 24-3.10.8 above occurs and the permit has been suspended within the preceding twelve (12) months.

(b)

The planning and development director shall revoke a permit if the planning and development director determines that:

(1)

A permittee gave false or misleading information in the material submitted to the planning and development director during the application process;

(2)

A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;

(3)

A permittee or an employee has knowingly allowed prostitution on the premises;

(4)

A permittee or an employee knowingly operated the sexually oriented business during a period of time when the business's permit was suspended;

(5)

A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the permitted premises; and/or

(6)

A permittee is delinquent in payment to the county or state for any taxes or fees past due.

(c)

When the planning and development director revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If subsequent to revocation, the planning and development director finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least ninety (90) days have elapsed since the date the revocation became effective.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

A permittee shall not transfer his permit to another person, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than at the address designated in the permit.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

Owing to the seriously objectionable operational characteristics of sexually oriented or adult uses, and the deleterious effect of such uses on existing businesses and/or residential areas around them, the location of such uses shall be limited to the UD district, and shall be subject to the supplemental siting criteria of this section.

(b)

No such use shall be located within one thousand five hundred (1,500) feet (measured in a straight line) of the nearest property line of:

(1)

A residential use;

(2)

A church or religious institution;

(3)

Public or private schools or educational facilities;

(4)

Public parks and recreational facilities; or

(5)

Any other sexually oriented businesses.

(c)

Such use shall have direct access off collector or arterial streets only.

(d)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest portion of a residential lot, or to the nearest exterior wall of another sexually oriented business.

(Ord. No. 07-6-12, § 5, 6-5-07)

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined by this chapter.

A person commits a misdemeanor if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented permit, rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, rents or subrents the same sleeping room again.

(Ord. No. 07-6-12, § 5, 6-5-07)

A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specific sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

The application for a sexually oriented business permit shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches per dimension. The planning and development director may waive the foregoing diagram for renewal applications if the applicant adopts and submits a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2)

The application shall be sworn to be true and correct by the applicant.

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the planning and development director.

(4)

It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(5)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction or viewing equipment. If the premises have two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(6)

It shall be the duty of the owners and operator, and it shall be the duty of any agents and employees present on the premises, to ensure that the view area specified in subsection (5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section.

(7)

No viewing room may be occupied by more than one (1) person at any time.

(8)

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.

(9)

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(Ord. No. 07-6-12, § 5, 6-5-07)

Exempt from these requirements is any person appearing in a state of nudity who does so in a modeling class operated:

(1)

By a proprietary school licensed by the State of South Carolina; a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and where no more than one (1) nude model is on the premises at any one (1) time.

(Ord. No. 07-6-12, § 5, 6-5-07)

Multifamily housing projects consisting of five (5) or more attached dwelling units, or two or more residential care facilities, dormitories, rooming houses or group-occupied dwellings designed to accommodate twenty (20) or more individuals shall meet the following design standards:

(1)

Buildings shall be set apart not less than twenty (20) feet;

(2)

Not less than twenty (20) percent of the project site shall be designated, landscaped and permanently reserved as usable common open space, as specified in section 24-5.3;

(3)

Buildings shall not exceed four hundred (400) feet from end to end;

(4)

Multiple buildings shall be oriented toward common open space, away from abutting single-family residential uses and abutting off-street parking areas;

(5)

Trash receptacles shall be oriented away from and screened from abutting residential uses; and

(6)

Pedestrian facilities such as sidewalks shall be provided to connect structures and amenities. Connections must be provided to any existing adjoining pedestrian facilities. Sidewalks shall meet the construction standards specified by section 24-7.15.

(Ord. No. 07-6-12, § 5, 6-5-07)

Because of the unique design features of townhouses, duplexes, triplexes and quadruplexes, the following supplemental design requirements shall apply to such developments:

(1)

Such projects shall have a minimum of one (1) acre;

(2)

Not more than six (6) nor fewer than three (3) townhouses may be joined together. Townhouses will have approximately the same (but staggered) front line;

(3)

Minimum distance between rows of buildings and the side property line shall not be less than twenty (20) feet;

(4)

Minimum lot width shall be eighteen (18) feet;

(5)

Minimum lot area shall be two thousand (2,000) square feet per unit;

(6)

Pedestrian facilities such as sidewalks shall be provided to connect structures and amenities. Connections must be provided to any existing adjoining pedestrian facilities. Sidewalks shall meet the construction standards specified by section 24-7.15; and

(7)

Not less than twenty (20) percent of the project site shall be devoted to common open space, as specified by section 24-5.3.

(8)

For duplex, triplex, or quadruplex projects locations in an RRC district, the following approvals and design requirements shall apply:

(a)

The minimum lot size shall increase to five (5) acres;

(b)

The minimum lot width at the building line shall be eighty (80) feet;

(c)

The maximum number of dwelling units per lot shall not exceed four (4);

(d)

Twenty (20) percent of the project site shall be devoted to common open spaces, as specified by section 24-5.3;

(e)

The project is located on an asphalt or concrete paved street maintained by Aiken County or the South Carolina Department of Transportation;

(f)

Potable water shall be provided by a public water authority or municipal system. Use of individual ground water wells shall not be permitted;

(g)

Projects shall be approved as a special exception by the Aiken County Board of Appeals. In reviewing application for duplex, triplex, or quadruplex, the board shall determine that:

1.

All minimum requirements listed herein have been met;

2.

The proposed use is consistent with existing land uses within two thousand (2,000) feet of the subject property.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 25-06-16, § 1, 6-17-25)

Because of the unique design features of patio and zero-lot-line housing, the following supplemental design requirements shall apply:

(1)

Such projects shall have a minimum of two and one-half (2.5) acres;

(2)

Minimum lot area shall be three thousand (3,000) square feet per unit;

(3)

Minimum lot width shall be forty (40) feet;

(4)

Minimum front setback shall be twenty (20) feet from the property line;

(5)

Where a unit is to be constructed at or on the property line, a five-foot private maintenance easement shall be provided on the adjoining lot;

(6)

At least one (1) side yard extending not less than five (5) feet from the property line shall be provided. Where a second side yard is provided, though not required, it too shall have a minimum width of five (5) feet;

(7)

The side yard of the exterior units shall be as prescribed by Table 2; and

(8)

Not less than twenty (20) percent of the project site will be devoted to common open space, as specified by section 24-5.3.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 16-08-13, § 1, 8-16-16)

Manufactured housing, where permitted by this chapter, shall:

(1)

Be built according to the Federal Manufactured Housing Construction and Safety Standards Code (24 CFR 3280), enacted June 15, 1976. Manufactured housing built prior to the effective date of that code shall not be permitted to be placed or relocated for any use within Aiken County, for reasons of safety, except for relocation to a manufactured-home dealer's lot or to an authorized recycling, salvage, or landfill facility. However, such "pre-76" manufactured housing built before 1976 may be relocated within Aiken County until November 1, 2011, provided that such housing is registered with Aiken County in compliance with state and county codes and further provided that a county mobile home moving permit is obtained. After November 1, 2011, such "pre-76" manufactured housing built before 1976 may be relocated within Aiken County only if such housing is owner-occupied. Such "pre-76" manufactured housing may not be brought into Aiken County from any location outside Aiken County;

(2)

Be installed in accord with the manufacturer's installation manual. In the absence of such a manual, the home must be installed in accord with the requirements of Section 19-425.39 of the South Carolina Manufactured Housing Board Regulations;

(3)

Be under-skirted around the entire home with brick, masonry, vinyl, or similar materials designed and manufactured for permanent outdoor installation;

(4)

Have installed or constructed and attached firmly to the home and anchored securely to the ground, permanent landing and steps at each exterior doorway, in accord with applicable building codes;

(5)

Have all moving or towing apparatus removed or concealed, including hitch, wheels and axles;

(6)

Be provided with a sanitary sewer system approved by DHEC. Evidence of such approval shall accompany each application to install a manufactured home; and

(7)

Be served by a separate electric meter. It shall be unlawful for any such home to receive electricity except by use of this separate meter. It shall be unlawful for any public utility or electrical supplier to connect power to any manufactured home in the absence of all approved permits.

(Ord. No. 07-6-12, § 5, 6-5-07)

The establishment and operation of a manufactured home park shall comply with the following design and development standards:

(1)

The park site shall not be less than five (5) acres and shall have not less than one hundred fifty (150) feet frontage on a publicly dedicated and publicly maintained street;

(2)

The park shall be served by public or community water and sewer systems or other systems approved by DHEC, a system of storm drainage, and refuse-disposal facilities, plans of all of which shall be approved by DHEC;

(3)

All manufactured home spaces shall abut upon an interior all-weather roadway of crushed stone, asphalt, concrete, or other all-weather material of not less than sixteen (16) feet in width which shall have unobstructed access to a public street or road. Such interior roadways shall be considered private roadways, shall be maintained privately, and shall be neither deeded to nor maintained by Aiken County;

(4)

All on-site roadway intersections shall be provided with a street light;

(5)

Each individual mobile home shall be at least twenty-five (25) feet from any other mobile home and at least twenty-five (25) feet from the right-of-way of any roadway providing common circulation;

(6)

All homes shall be installed in accord with the installation requirements of section 19-425.39 of the South Carolina Manufactured Housing Board Regulations;

(7)

Not less than twenty (20) percent of the park site shall be set aside and developed for common open space and recreation usage in accord with section 24-5.3.3;

(8)

For space numbers, permanent street address numbers assigned by Aiken County E-911 Addressing Division shall be provided on each manufactured home space and shall be located so as to be visible from the roadway. Street address numbers shall be provided at each intersection of a driveway and the roadway;

(9)

The maximum number of manufactured home spaces shall not exceed six (6) per acre;

(10)

Two (2) off-roadway parking spaces shall be provided for each designated manufactured home space. Parking may be provided at the designated space or in community parking areas. Parking on roadways in the manufactured home park is not permitted;

(11)

Existing trees and other natural site features shall be preserved to the extent feasible;

(12)

Bufferyards shall be provided on the perimeter of the park or court in accord with the requirements of section 24-5.1;

(13)

A development permit shall be required to open or operate a manufactured home park; said permit may be revoked by the planning and development director for a violation of this chapter;

(14)

A site plan showing the above required data, and in all other respects meeting the minimum requirements for a development permit, shall accompany all applications to establish a manufactured home park; and

(15)

Manufactured home parks also shall comply with the provisions of section 24-3.14 of this chapter.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 09-08-17, § 1(LMR 6), 8-18-09; Ord. No. 14-12-18, § 1, 12-9-14)

Home occupations, as defined by this chapter and where conditionally permitted by Table 1, shall meet the following requirements:

(1)

The home occupation shall be carried on wholly within the principal building;

(2)

The floor area dedicated to such use shall not exceed twenty-five (25) percent of the gross floor area of the principal building, up to four hundred (400) square feet;

(3)

No activity shall be conducted outside, nor shall there be any outdoor storage, display, or refuse area in the yard;

(4)

No signs shall be allowed for home occupations in RC, RD, RM, or RH5 districts;

(5)

No merchandise or articles shall be displayed so as to be visible from outside the building;

(6)

No more than one (1) person not residing in the residence shall be employed by the home occupation;

(7)

No traffic shall be generated by the home occupation in an amount above that normally expected in a residential neighborhood;

(8)

No off-street parking shall be needed above that required by the principal residential use;

(9)

There shall be no alteration whatsoever of the residential character of the building(s) and/or premises;

(10)

The home occupation shall generate no noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses; and

(11)

The home occupation shall not involve the retail sale on the premises of merchandise manufactured off the premises.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 08-4-17, § 1, 4-1-08)

Accessory apartments, where permitted by Table 1 as conditional uses, shall meet the following conditions:

(1)

The apartment, whether attached or detached, cannot exceed fifty (50) percent gross floor area of the principal dwelling or one thousand three hundred (1,300) feet, whichever is less, or contain more than two (2) bedrooms;

(2)

The apartment must be a complete living space, with kitchen and bathroom facilities separated from the principal unit;

(3)

Detached apartments must have an independent water source and an independent waste water system from the principal structure or a system approved by South Carolina DHEC;

(4)

An accessory apartment may be accessory only to a single-family owner-occupied dwelling, and not more than one (1) apartment shall be allowed per dwelling lot;

(5)

Minimum lot size for detached accessory apartments shall be at least fifty (50) percent greater than the minimum lot requirement for the district in which the apartment is to be located. However, this requirement does not apply to lots five (5) acres or greater in size. In the RC District, accessory apartments may only be located on lots two (2) acres or greater in size;

(6)

The apartment shall meet all yard setback requirements and, where detached from the principal dwelling, shall be setback not less than twenty (20) feet from the principal dwelling; and

(7)

One (1) additional off-street parking space will be provided on the dwelling lot for the accessory apartment.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 15-10-11, § 1, 10-20-15; Ord. No. 18-02-05, § 1, 2-6-18)

Open storage, as an accessory to non-residential uses, may be permitted where indicated by Table 1, provided such storage area does not occupy over twenty (20) percent of the buildable area, is not located in any required setback area, and is screened from public view. This section does not apply to retail sales items.

(Ord. No. 07-6-12, § 5, 6-5-07)

The planning and development director is authorized to issue a permit for temporary uses as specified in this section. No temporary use may be established without receiving such permit.

Temporary use permits may be renewed no more than twice within one (1) calendar year, provided said use will not create traffic congestion or constitute a nuisance to surrounding uses. Any temporary use that is determined to be creating a nuisance or disruption may have its temporary permit revoked by the planning and development director.

(Ord. No. 07-6-12, § 5, 6-5-07)

The following temporary uses and no others may be permitted, subject to the conditions herein:

(1)

Tents or other temporary structures for the conduct of any permitted use in the non-residential zoning districts for a period not to exceed sixty (60) days.

(2)

Contractor's office and equipment shed, in any district, for a period covering the construction phase of a project not to exceed one (1) year unless repermitted; provided that such office be placed on the property to which it is appurtenant.

(3)

Portable classroom buildings in any district for cultural, community, educational or religious uses for an indefinite period provided all required setbacks for the district in which the structures are to be located shall be met and the portable structures shall be located on the same site as the principal structures. Manufactured homes are not considered to be portable classrooms.

(4)

Temporary office trailers for the conduct of business in any non-residential zoning district while the principal building is being expanded, rebuilt, or remodeled.

(5)

Festival, carnival, circus, fair or outdoor concert in any district where such activities are permitted for a period not to exceed ten (10) days provided:

a.

Said use shall be located no closer than five hundred (500) feet to any residential property line;

b.

The permit application shall be accompanied by a parking plan, showing the number of spaces and adequate ingress and egress to the site.

(6)

Open-lot sale of Christmas trees for a period not to exceed forty-five (45) days in any nonresidential zoning district.

(7)

Real estate sales office in any district for a period not to exceed one (1) year, provided no cooking equipment other than microwave ovens and coffee-making equipment or sleeping accommodations are maintained in the structure.

(8)

Temporary structure for use or storage of material or goods following destruction of a principal use, not to exceed sixty (60) days, unless repermitted.

(Ord. No. 07-6-12, § 5, 6-5-07)

Temporary uses and structures from which temporary uses are operated shall be removed promptly from the site after the temporary permit has expired.

(Ord. No. 07-6-12, § 5, 6-5-07)

Vendors, where conditionally permitted by Table 1, shall be governed by the following:

(1)

All vending operations shall be located not less than twenty (20) feet from the nearest street right-of-way and shall provide at least two (2) off-street parking spaces.

(2)

No portion of a vending operation shall be allowed to occupy or obstruct access to any required off-street parking stall or area.

(3)

Only one (1) sign per vendor shall be allowed, regardless of where it is mounted or placed. Advertising materials attached to or painted onto automobiles are construed to be signs. Signs shall not exceed ten (10) square feet in area and shall meet all applicable sign requirements contained in article VI.

(Ord. No. 07-6-12, § 5, 6-5-07)

Motor vehicle race and testing tracks, where conditionally permitted by Table 1, shall adhere to the following:

(1)

No such use shall be located within two thousand (2,500) feet of the property line of any off-site residential use, church, or school (measured in a straight line).

(2)

Dirt tracks shall be located no closer than one (1) mile from the property line of any off-site residential use, church or school (measured in a straight line).

(3)

Type 4 bufferyards shall be provided along all property lines.

(4)

Proposed tracks shall have direct access off an arterial street only.

(Ord. No. 07-6-12, § 5, 6-5-07)

ATM machines, where conditionally permitted by Table 1, shall adhere to the following requirement: ATM machines must be located on the same lot as the financial institution or attached to that institution's building.

(Ord. No. 07-6-12, § 5, 6-5-07)

Truck transportation includes facilities which provide a variety of trucking services such as general freight trucking, both local and long-distance; specialized freight trucking; moving of new and/or used household and office goods, both local and long-distance; and truck-staging operations. Because of the potential impact of such facilities, the following conditions shall apply to applications for approval of truck -transportation facilities.

(1)

A public hearing shall be held by the planning commission during one (1) of its regularly scheduled monthly meetings to consider applications for such truck-transportation facilities. Public notice of the hearing shall be given in accordance with the public notice provisions applicable to hearings held by the board of appeals as described in subsection 24-9.3.4(4) and 24-9.3.4(5) of this chapter.

(2)

As a part of such applications for approval of truck transportation facilities, the applicant shall provide to the planning and development director, at least thirty (30) days prior to the date of the planning commission public hearing, a traffic-impact study meeting the provisions of section 24-10.10.7, traffic impact analysis and mitigation of this chapter. The planning and development director shall decide whether the traffic study provided is sufficient for the application for approval of the truck-transportation facility to be placed on the agenda of the meeting of the planning commission.

(3)

Following the public hearing, the planning commission shall review and evaluate the application. At the end of its review, the planning commission shall approve the application as presented; or request additional information; or approve the application with specified modifications; or disapprove the application.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

Because of the need to integrate miniwarehouses into the urban fabric of the community, the following standards shall apply to such uses:

(1)

Lot cover. Lot coverage of all structures shall be limited to fifty (50) percent of the total area.

(2)

In/out. Vehicular ingress-egress shall be limited to one (1) point for each side of property abutting any street lot line.

(3)

Storage only. No individual rental storage unit shall be used for any purpose other than storage.

(4)

Bufferyards and screening. Miniwarehouses shall meet the bufferyard requirements for general commercial uses as described in section 24-5.1.3, Table 3.

(5)

Other use. Any other use of the parcel must meet appropriate development standards (e.g., parking, setbacks, stormwater, etc.).

(Ord. No. 07-11-25, § 1, 11-27-07)

The location of these uses, where permitted by Table 1-A, shall be regulated by the following:

a.

No such use shall be located closer than one thousand (1,000) feet to any residential use, church, school, historical place or public park.

b.

No material or products shall be burned on the premises.

c.

No material shall be placed in open storage in such a manner that it may be transferred out by wind, water or other causes.

d.

All materials and activities not within fully enclosed buildings shall be enclosed by an opaque fence or wall or vegetative material, excluding points of ingress or egress, at least eight (8) feet in height.

e.

Recycling centers shall be subject to the functional performance standards of section 24-3.3 of this Code.

f.

Written documentation demonstrating compliance with state environmental policies and compliance with the functional performance standards shall be provided to the planning and development department on a yearly basis.

(Ord. No. 12-04-08, § 1, 4-17-12)

Notwithstanding any other provision of the Aiken County Code, and as provided in this section, the keeping of domestic chickens for domestic egg production or as pets within the RC, RD, RM, NC, UD, OR, LD, IND, RH5, RH5B, and HCO zoning districts on lots less than three (3) acres in an RRC zoning district is allowed as a conditional use under the following conditions and with the following limitations:

(1)

The keeping of domestic chickens is permitted only as an accessory use for a single-family detached house.

(2)

No more than a total of six (6) domestic chickens, including roosters which are adult male domestic chickens, may be kept or maintained on a single premises. The allowance of roosters on a premises, however, is subject to section 15-22(10)b. of the Aiken County Code.

(3)

No person shall allow any chickens to roam free for any reason. Chickens found at large shall be considered a nuisance and subject to the provisions of article III of chapter 15 of the Aiken County Code.

(4)

A coop will be considered as an accessory structure. Coops must be located in the rear yard and at least five (5) feet from all property lines. A coop must be screened from side or rear lot lines with shrubbery or a privacy fence, if any portion of the coop is located within twenty-five (25) feet of a neighbor's dwelling.

(5)

Housing structures (also known as a "chicken coop" or "coop") for the chickens must be built so as to provide a sturdy, secure enclosure for the chickens to prevent them from roaming and to deter predators.

(6)

Chickens shall not be kept or used for commercial purposes.

(7)

Owners of domestic chickens must also comply with all applicable federal, state, and local health regulations.

(Ord. No. 18-02-04, § 1, 2-6-18; Ord. No. 24-01-04, § 2, 1-2-24)