The various zoning district regulations established herein are declared to be the minimum requirements necessary to carry out the purpose of this chapter. These regulations apply to each class or kind of structure or land, and are the minimum standards for all site clearing, development, buildings, structures, or alterations to land or structures within the jurisdiction of this chapter.

No part of a setback, open space, or off-street parking required in connection with any building for the purpose of complying with the regulations of this chapter shall be included as part or all of the required setback, open space, or off-street parking for another building or structure, except as hereinafter provided.

(Ord. No. 07-6-12, § 5, 6-5-07)

(1)

Setbacks—Corner lots. The setback from the street upon which the principal building will face shall be the minimum required front setback. The setback from the street upon which the side of the building will face also shall meet the minimum front setback requirements for the district within which the lot is located. The minimum side setback requirements for the district within which the lot is located shall be provided along all other lot lines.

(2)

Setbacks—Through or double frontage lots. Front setbacks for double frontage lots shall be provided for both streets upon which the lot has frontage, and any accessory use(s) shall be prohibited from the required front setback of the street upon which the principal building fronts.

(3)

Setbacks—Partially developed areas. The front-setback requirements for dwellings shall not apply on any lot where the average setback of existing buildings located wholly or in part within two hundred (200) feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the setbacks of the aforementioned existing buildings, as shown below:

(4)

Setbacks—Multiple buildings on lot.

Setbacks

Whenever more than one (1) building is to be located on a lot, the required setbacks shall be maintained around the group of buildings and buildings shall be separated by a horizontal distance that is at least equal to the height of the highest adjacent building.

(5)

Height. The height limitations of this chapter shall not apply to the following, except in the Airport Overlay District (AO), section 24-2.9:

belfries

chimneys

cooling towers

cupolas

domes

church spires

flag poles

fire towers

public monuments

public utility poles

water tanks

These features shall be erected to the minimum height necessary to accomplish the purpose they are intended to serve. No height extension shall serve as a place for human habitation.

The height of communication towers and antennas shall comply with the height requirements of Section 3.5(5) and (6).

(6)

Projections and fences and walls; appearance. The space in any required setback shall be open and unobstructed except for the ordinary projections of window sills, cornices, eaves, window air conditioning units, and other architectural features, provided that such features shall project no more than two (2) feet into any required setback.

Steps and heating and cooling units may project into a required setback a distance not to exceed five (5) feet but no closer than three (3) feet of a property line. Fences, walls, and/or hedges may be erected in any required setback area or along the edge of a property line; provided that no such structure or hedge shall impede visibility at intersections; further provided that such fence, wall or hedge shall not exceed in the front yard of a residential district four (4) feet in height or eight (8) feet in height in any other yard. Any fences and/or walls greater than six (6) feet in height erected on any property shall be approved by the building official.

All fences and walls erected on any property must have a finished side that faces the adjoining property. The interior side of the fence or wall may be finished as the applicant or owner deems appropriate. Where fences and/or walls are proposed by the applicant or owner, but not required by the applicable bufferyard requirements, such fences and/or walls shall be established along the inside line of the bufferyard, toward the proposed use, except for ornamental fences or fences to the rear of the property, which may be built on the property line. Security fences and walls also may be established along the outer perimeter of the lot, in compliance with this section 8.2.6 and section 8.5.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 08-4-17, § 1, 4-1-08; Ord. No. 12-04-08, § 1, 4-17-12)

(1)

Setbacks, buildable area. The required front, side, and rear setbacks for individual lots, as set forth in Table 2 shall be measured inward toward the center of said lot from all points along the respective front, side, and rear property lines of the lot. Once the setback areas of a given lot have been established, the remaining area of the lot which is not included in any required front, side, or rear lot setback shall be known as the "buildable area" within which the approved structure(s) shall be placed.

Buildable area

(2)

Height. The height of a building or structure shall be measured from the mean grade elevation within twenty (20) feet of the structure or from the base of a tree when computing height in the Airport Overlay District, to the highest point of the building roof, structure, or tree.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

Not more than one (1) principal residential building or use may occupy a lot of record in the RC, RM, OR, and RUC Districts.

(b)

Two (2) single-family residential dwellings and/or manufactured dwellings, where permitted, may be located on a lot of record in the RD district; provided all applicable lot area and setback requirements are met for each principal use (dwelling), as if it were established on a single lot and so arranged to ensure public access in the event the property is subsequently subdivided for sale or transfer. Property owners may sketch dwelling location(s) on an existing plat or tax map copy to demonstrate setback compliance at the time of application.

(c)

There is no limit to the number of principal uses and buildings on a lot in all other zone districts, including multifamily dwellings in the RD district; provided such uses shall meet lot area, setback and all other applicable requirements of this chapter; further provided, that where three (3) or more manufactured homes are to be located on a lot, said homes shall by definition constitute a manufactured home park and shall meet in full the development requirements of section 24-3.16 and the location requirements of Table 1.

(Ord. No. 07-6-12, § 5, 6-5-07)

No planting on a corner lot shall be placed or maintained and no fence, building, wall, sign, or other structure shall be constructed at any point between a height of three and one-half (3½) feet and nine (9) feet above the upper face of the nearest curb (or street center line if no curb exists) and within the triangular area bounded on two (2) sides by the street right-of-way lines or driveway lines and on the third side by a straight line connecting points on the two (2) street right-of-way lines or street and driveway lines as required by the site triangle and vertical vision clearance illustration below. However, poles and support structures less than twelve (12) inches in diameter may be permitted in such areas.

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

(1)

No mobile or manufactured home shall be used as an accessory building. Shipping containers may be used as accessory buildings in on all parcels zoned IND, UD, and parcels of greater than one (1) acre zoned RUD.

(2)

When located within the buildable area in any zoning district, accessory buildings may be constructed to a height of twenty (20) feet. If located in a required setback area, said buildings shall not exceed twelve (12) feet in height. These height restrictions do not apply to accessory buildings in the IND zoning districts and parcels of greater of one (1) acre zoned RUD.

(3)

No accessory use shall occupy any part of a required bufferyard.

(4)

Accessory buildings in the RC, RD and RM districts.

a.

The cumulative area of all accessory structures on a parcel shall not exceed the maximum permitted area for an accessory structure.

b.

The area of the principal structure shall be the area on record at the Aiken County Assessor's Office.

c.

On parcels of less than two (2) acres, the area of the accessory buildings shall not exceed fifty (50) percent of the gross floor area of the principal structure to which they are accessory.

d.

For parcels two (2) acres or greater, but less than five (5) acres, the area of the accessory building may increase by ten (10) percent for each whole acre of lot area. In no case shall an accessory building on a parcel with an area less than five (5) acres exceed eighty (80) percent of the principal structure.

e.

Accessory structures shall occupy no more than thirty (30) percent of the required setback area on the lot.

f.

The area of accessory structures on parcels of five (5) acres or more in size in the RC, RD, and RM districts is not limited, however, no accessory building which exceeds fifty (50) percent of the gross floor area of the principal structure shall occupy any portion of a required setback area. A parcel of five (5) acres or greater containing an accessory building which, at the time of construction, exceeds fifty (50) percent of the gross floor area of a principal building shall not be reduced in area to less than five (5) acres.

(5)

Accessory buildings on parcel platted and constructed under the provisions of section 24-3.13, patio and zero-lot-line bousing, shall follow the standards set by subsection 24-8.6(4).

(6)

Accessory buildings of five thousand (5,000) square feet of gross floor area or greater in the RC, RD, RM, RH5, and RH5B districts shall be set back an minimum of thirty (30) feet from front property lines, ten (10) feet from side property lines, and twenty (20) feet from rear property lines. The minimum distance for all setbacks shall be increased by ten (10) feet for each additional one thousand (1,000) square feet of gross floor area over five thousand (5,000) square feet.

(7)

Unless modified by Table 9, accessory uses and structures shall observe the required setbacks applicable to the principal building or use, as set forth in section 24-2.6, Table 2.

Table 9: Setback Modifications, Accessory Uses (A)

(A)

Setback modifications apply only to listed accessory uses that are less than fifty (50) percent of the gross floor area of the principal structure to which they are accessory.

(B)

Fences and walls may be located in all required setbacks along any property line provided the structure shall meet the requirements of sections 24-8.2 and 24-8.5.

BL

= Required building setback line.

(8)

The reduced setbacks are only available in cluster, patio, and zero-lot-line housing developments approved under the provisions of section 24-3.13, patio and zero-lot-line housing, and having lot sizes under ten thousand (10,000) square feet. Additions attached to the primary structure, not under a common roof, and used in association with the outdoors may use accessory building setbacks for the rear setback (five (5) feet). These uses are limited to decks, porches, and screened-in porches.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 07-11-25, § 1, 11-27-07; Ord. No. 08-4-17, § 1, 4-1-08; Ord. No. 09-08-17, § 1(LMR 6), 8-18-09; Ord. No. 14-12-18, § 1, 12-9-14; Ord. No. 21-09-23, § 1, 9-21-21)

Nonconforming uses, buildings, or structures are declared by this chapter to be incompatible with permitted uses in the districts in which they are located. However, to avoid undue hardship, the lawful use of any such use, building, or structure at the time of the enactment, amendment, or revision of this chapter and/or the ZDSO may be continued ("grandfathered") even though such use, building, or structure does not conform with the provisions of this chapter.

Nonconforming uses shall be allowed to continue on the parcel on which they were located at the time of adoption of this chapter as long as the size of that property parcel is not increased or the nonconforming use is not expanded onto adjoining property parcels. For example, nonconforming manufactured home parks shall be limited to the number of manufactured homes originally approved for the park by the county or by the State of South Carolina. Similarly, nonconforming wrecking yards, junkyards and salvage yards shall be limited to the parcel or parcels on which such uses were located at the time of enactment, amendment, or revision of this chapter.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 12-04-08, § 1, 4-17-12)

A proposed change or modification to a nonconforming use shall be governed by the following:

(1)

Change of nonconforming use. If a change from one nonconforming use to another is proposed and no structural alterations are involved, the change may be permitted, provided:

a.

Nonconformity of dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking shall not be increased; and

b.

The new nonconforming use shall not present an increase in the degree of nonconformity from the preceding use. The following factors shall be considered in determining whether a new use increases the degree of nonconformity: required number of parking spaces, hours of operation, nature of business or land use, bufferyard requirements, noise generated, or other standards relevant to the proposed business or use.

If a change to a permitted use is proposed which is nonconforming only as to dimensional requirements such as height, density, setbacks, or other requirements such as off-street parking, the change may be permitted, provided that all applicable requirements that can be reasonably complied with are met.

For example, compliance with a requirement is not reasonably possible if it requires adding land to the lot of the nonconforming use or moving the use if it is on a permanent foundation.

Whenever a nonconforming use of land or building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed back to a less-restricted or nonconforming use.

(2)

Repair or alteration of nonconforming use, building or structure. The repair or alteration of a nonconforming use shall in no way increase the nonconformity of said use, except as otherwise permitted by subsection (1)b above.

(3)

Replacement and/or reconstruction of nonconforming use.

a.

A nonconforming building or structure may be replaced or reconstructed to the extent of fifty (50) percent of its appraised value. A building permit for the replacement or reconstruction of a nonconforming building or structure once removed, damaged or destroyed must be initiated within one hundred eighty (180) days or the right of replacement shall be forfeited.

b.

Replacement may occur within the original building "footprint"; provided the replacement structure shall in no way increase the nonconformity of said use, except as otherwise permitted by subsections 1.b and 2 above.

c.

Replacement of a nonconforming mobile or manufactured home not located in a manufactured home park, once removed from a lot or parcel, shall be accomplished within one hundred eighty (180) days of removal or forfeit nonconforming status shall be forfeited, and if the mobile or manufactured home is replaced it shall not infringe on established setbacks, and shall meet in full the requirements of section 24-3.14 of this chapter. Mobile or manufactured homes located in nonconforming manufactured home parks may be replaced without time limitations provided the total number of units in the park does not exceed the total number for which the park was approved at the time of enactment, amendment, or revision of this chapter. Nonconforming standard-design manufactured dwellings may be replaced by residential-design manufactured dwellings as long as any existing nonconformity with required setbacks is not increased.

(Ord. No. 07-6-12, § 5, 6-5-07)

No building or parcel of land, nor any portion of any building or parcel of land used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of five hundred forty (540) days, whether or not the equipment or fixtures are removed, shall be used again except in conformity with the regulations of the district in which such building or land is located.

(Ord. No. 07-6-12, § 5, 6-5-07)

When seeking relief under section 24-8.7 it shall be the responsibility of the owner, manager or tenant of a nonconforming use to establish existence of such use prior to the effective date of this chapter.

(Ord. No. 07-6-12, § 5, 6-5-07)

Where the owner of a lot at the time of the adoption of this chapter does not own sufficient land to enable him to conform to the setback requirements of this chapter, such lot may nonetheless be used as a building site provided applicable setback requirements are not reduced by more than twenty (20) percent. Setback reductions greater than twenty (20) percent shall be referred to the board of appeals for consideration. If, however, the owner of two (2) or more adjoining lots with insufficient land dimensions decides to build on or sell off these lots, they must first be combined to comply with the dimensional requirements of this chapter.

(Ord. No. 07-6-12, § 5, 6-5-07)

The repair of motor vehicles in the RC, RD, RM or the OR district shall be subject to the following restrictions:

(1)

Only minor repairs and maintenance may be performed which, for purposes of this section, are defined as the changing and replenishment of fluid levels, such as hydraulic fluid, windshield washer fluid and lubricating oil; the replacement of spark plugs and ignition points; the rotation of tires and replacement of drive belts and hydraulic lines.

(2)

All other repairs shall be confined to totally enclosed spaces and only accomplished on privately registered vehicles having current license plates, or vehicles designated by the state as qualifying for antique carriage designation.

(Ord. No. 07-6-12, § 5, 6-5-07)

Garage, yard, tag, patio and apartment sales are permitted in all districts. However, such sales shall be limited in residential districts to four (4) per calendar year, with a maximum duration of two (2) days per sale.

(Ord. No. 07-6-12, § 5, 6-5-07)

(1)

No signs, fences, walls, or other objects, including vehicles, may be placed either temporarily or permanently on or in any road rights-of-way, road easements, or roadways owned by the federal, state, or county government, except by a duly authorized governmental department or agency and/or except as permitted by federal, state, or county law, including Aiken County Code section 19-5. This provision does not prohibit the appropriate parking of vehicles in or on roadways where authorized, where not prohibited, and/or where such parking does not block any travel lane of the road.

(2)

No hazardous vehicles such as fuel-tanker trucks, trucks for the transport of propane gas or natural gas, chemical tankers, or other similar vehicles or objects containing hazardous and/or toxic materials may be placed or parked either temporarily or permanently in or on any such road rights-of-way, road easements, or roadways. In addition, no such hazardous vehicles or objects may be placed or parked temporarily or permanently in or on the adjacent areas within ten (10) feet of the outer edge of any such road rights-of-way or road easements.

(3)

There are two exceptions to the above provisions of this section in regard to vehicles. The first exception is in the event of mechanical vehicular breakdown or accident; in such limited cases the vehicles and their contents shall be removed as soon as possible from said road rights-of-way, road easements, roadways, and adjacent areas within ten (10) feet of the outer edge of said rights-of way or road easements. The second exception is for brief stops of vehicles for the purposes of delivery and/or pickup of materials where appropriate off-street parking or loading space on private property is not available.

(Ord. No. 07-6-12, § 5, 6-5-07)