The regulations contained in this article are intended to ameliorate the impact and improve the compatibility of uses, buildings, and projects whose design and/or operational characteristics could adversely affect surrounding property and environmental conditions. To this end, standards and criteria over and above those set forth elsewhere in this chapter are imposed herein on all conditional uses listed on Table 1, set out below.

(Ord. No. 01-05, § 46-271, 3-15-2005)

(Ord. No. 01-05, § 46-272, 3-15-2005)

An application for a permit for any of the uses listed in section 44-547 shall be accompanied by a plat or site plans as appropriate, in accord with the provisions of section 44-60. The application shall describe the proposed use in sufficient detail to determine compliance with the provisions of such regulations and the standards of this article.

(Ord. No. 01-05, § 46-273, 3-15-2005)

The following performance standards are designed to ensure that all permitted manufacturing 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:

(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 firefighting and fire suppression equipment, as prescribed in the Standard Building Code.

(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 conforms 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 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 state 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 0.1-footcandles. Light sources visible in other areas shall not exceed 0.5-footcandles. Measurements shall be in a vented plane at the property line.

(11)

Compliance guarantee. The applicant of a permit for a manufacturing or processing plant which would produce any of the above "objectionable elements" shall acknowledge in writing his 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 shall 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 these performance criteria in this section, the applicant shall be required to mitigate to the satisfaction of the zoning administrator any potential adverse impacts of such operation and/or request a variance before the board of zoning appeals, in accord with the provisions of article II of this chapter.

(Ord. No. 01-05, § 46-292, 3-15-2005)

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 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 enclosed 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 feet in height.

(Ord. No. 01-05, § 46-293, 3-15-2005)

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

(1)

All vending operations shall be located not less than 20 feet from the nearest street right-of-way and provide at least two 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.

(3)

No goods or merchandise offered for sale may be stored in or sold from a tractor-trailer.

(4)

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

(Ord. No. 01-05, § 46-294, 3-15-2005)

Where conditionally permitted as a principal use by Table 1, communication towers and antennas shall adhere to the following regulations:

(1)

All new towers shall be designed to accommodate additional antennas equal in number to the applicant's present and future requirements. Prior to the issuance of a permit for a new tower the applicant shall submit documentation indicating a good faith but unsuccessful effort was made to co-locate on an existing communication tower, building or other structure, and that no suitable facilities within the desired coverage area were available. Documentation shall include coverage maps, letters from adjacent tower owners, and calculations from a specialist with appropriate radio frequency credentials.

(2)

All applicable safety code requirements shall be met.

(3)

Towers or antennas shall not be painted or illuminated unless otherwise required by state or federal regulations.

(4)

No tower or antenna shall be located within 2,000 feet of an existing tower or antenna, except where the applicant certifies that the existing tower does not meet the applicant's structural specifications and applicant's technical design requirements, or that a co-location agreement could not be obtained.

(5)

The height of a tower or antenna mounted on a building, water tank or other structure shall not be more than 30 percent of the height of the structure.

(6)

Towers or antennas shall be located such that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties. Should this fall zone encroach onto another property, a recorded easement may be prepared and signed by the adjacent property owner to ensure that a structure will not be built within the fall zone.

(7)

A tower or antenna may be used as an accessory use on property upon which a conforming principal use previously has been established in any nonresidential district, provided such tower or antenna meets all applicable requirements of this section.

(8)

Permit requirements for the erection or replacement of a tower or antenna shall be accompanied by the following:

a.

A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, fall zone (as determined by a structural engineer, licensed and certified in South Carolina), photographs or elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property (site plan not required if antenna is to be mounted on an approved existing structure).

b.

A written agreement to remove the tower and/or antenna within 120 days after cessation of use.

c.

A certificate from a registered engineer that the proposed facility will contain only equipment meeting FCC rules, together with written indemnification of the affected government and proof of liability insurance or financial ability to respond to claims up to $1,000,000 in the aggregate which may arise from operation of the facility during its life, at no cost to the city.

(9)

Towers no longer in service shall be dismantled and removed by the owner within 120 days of discontinuance. Towers in need of repair or reconstruction shall require a permit.

(Ord. No. 01-05, § 46-295, 3-15-2005)

Solid waste landfills are divided by this section into two categories: sanitary landfills, and construction and demolition landfills, and are regulated as follows:

(1)

Sanitary landfills.

a.

Sanitary landfills shall be located no closer than 1,000 feet to any existing residential, recreational, religious, educational, medical or public use (measured in a straight line.)

b.

A geotechnical engineering firm approved by the zoning administrator 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 44-427(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 restoration of the site on completion of use as a landfill shall accompany the request.

(2)

Construction and demolition landfill.

a.

A construction and demolition landfill may be located up to, but not closer than 300 feet from any property line, except such landfill shall not be located closer than 500 feet from any dwelling, school building, day care center, religious, recreational, or medical facility.

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 zoning administrator may waive the provisions of this subsection where such facility will be utilized for a period not to exceed 90 days.

d.

The site shall be restored and re-vegetated on completion of use as a landfill.

(Ord. No. 01-05, § 46-296, 3-15-2005)

Bed and breakfast inns are intended to provide a unique transit 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 occupied by the resident/owner.

(2)

Only be permitted in older residential structures that are recognized by the Aiken County historical commission as architecturally, historically or culturally significant.

(3)

Serve no regularly scheduled meal other than breakfast.

(4)

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.

(5)

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

(6)

Provide off-street parking on the basis of one space per guest room, plus two spaces for the resident innkeeper; further provided that sufficient off-street parking space shall be available on site to accommodate private gatherings, where proposed by the applicant.

(7)

Be permitted one non-illuminated identification sign, not to exceed four square feet in area.

(Ord. No. 01-05, § 46-297, 3-15-2005)

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 ten acres, and a minimum of 150 feet of street frontage.

(2)

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

(3)

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

a.

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

b.

Minimum setbacks for all structures and recreational vehicles shall be:

c.

Maximum density shall not exceed ten vehicles or campsites per acre.

d.

Buffer areas shall be as specified by article V, division 2 of this chapter.

(4)

Areas designated for parking and loading or for traffic-ways shall be physically separated from public streets by suitable barriers against unmarked motor vehicle ingress and egress.

(5)

All streets within RV parks shall be private and not public.

(6)

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

(Ord. No. 01-05, § 46-298, 3-15-2005)

General auto and other motor vehicle repair operations shall be conducted within fully enclosed 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 disabled vehicles with current license plates. Servicing shall be conducted in an area that can be cleaned.

(Ord. No. 01-05, § 46-299, 3-15-2005)

(a)

Location. Owing to potentially objectionable operational characteristics of sexually oriented or adult uses, and the deleterious affect of such uses on existing businesses and/or residential areas around them, the location of such uses where conditionally permitted by Table 1, shall be tempered by the supplemental standards of this section. No such use shall be located within 1,000 feet (measured in a straight line and documented on a map drawn to scale) of:

(1)

A residence or residential zone;

(2)

A church or religious institution;

(3)

Public or private schools and educational facilities;

(4)

Public parks and recreational facilities;

(5)

Another sexually oriented business; or

(6)

Day care facility.

(b)

License required/revocation. It shall be a misdemeanor for a person to operate a sexually oriented business without a valid permit and/or license, issued by the responsible governing authority for the particular type of business.

(1)

An application for a permit and/or license must be made on forms provided by the city.

(2)

The premises must be inspected and found to be in compliance with the law by health, fire and building officials.

Each permit and/or license shall expire at the end of each calendar year.

(c)

Inspections.

(1)

An applicant or permittee and/or licensee shall permit representatives of the planning department, police, health or fire department or other governmental department or agency involved in code enforcement to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

(2)

A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.

(d)

Suspension. The zoning administrator shall suspend a permit and/or license for a period not to exceed 30 days if he determines that a permittee and/or licensee has:

(1)

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

(2)

Refused to allow an inspection of the sexually oriented business premises as authorized by this section.

(e)

Revocation. The zoning administrator shall revoke a permit and/or license if he determines that:

(1)

A permittee and/or licensee gave false or misleading information in the material submitted to the building department during the application process.

(2)

A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.

(3)

A permittee and/or licensee or an employee has knowingly allowed prostitution on the premises.

(4)

A permittee and/or licensee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's and/or licensee's permit and/or license was suspended.

(5)

A permittee and/or licensee 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 and/or licensed premises.

(6)

A permittee and/or licensee is delinquent in payment for any taxes or fees past due.

(Ord. No. 01-05, § 46-300, 3-15-2005)

Multifamily housing projects consisting of five or more units or two or more residential care facilities, dormitories, roominghouses or group occupied dwellings designed to accommodate 20 or more individuals shall meet the following design standards.

(1)

Buildings shall be set apart not less than 20 feet.

(2)

Not less than 20 percent of the project site shall be designated, landscaped and permanently reserved as usable common open space, as specified in article V, division 4 of this chapter.

(3)

Buildings shall not exceed 400 feet from end to end.

(4)

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

(5)

Trash receptacles shall be oriented away and screened from adjacent residential uses.

(Ord. No. 01-05, § 46-301, 3-15-2005)

Due to the unique design features of townhouses, the following supplemented design requirements shall apply:

(1)

Such projects shall have a minimum of one acre.

(2)

Not more than six or fewer than three townhouses may be joined together, with approximately the same (but staggered) front line.

(3)

Minimum distance between rows of buildings and the side property line shall be not less than 20 feet.

(4)

Minimum lot width shall be 18 feet.

(5)

Sidewalks not less than five feet in width shall be provided along the front property line of all project buildings.

(6)

Not less than 15 percent of the project site shall be diverted to common open space, as specified by section 44-497.

(Ord. No. 01-05, § 46-302, 3-15-2005)

Due to 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 2.5 acres.

(2)

Minimum lot area shall be 3,000 square feet per unit.

(3)

Minimum lot width shall be 40 feet.

(4)

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.

(5)

At least one side yard extending not less than five 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 feet.

(6)

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

(Ord. No. 01-05, § 46-303, 3-15-2005)

Manufactured housing, where permitted by this chapter, shall:

(1)

Be built according to the Federal Manufactured Housing Construction and Safety Standards Code (245 CFR 3280), enacted June 15, 1976. Manufactured housing built prior to the effective date of the Code shall not be permitted for reasons of safety.

(2)

Be installed in accord with the Manufacture's Installation Manual. In the absence of such a manual, the home must be installed in accord with the requirements of S.C. Code Reg. 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 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 and every permit request to install a manufactured home.

(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. 01-05, § 46-304, 3-15-2005)

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 acres, and have not less than 150 feet frontage on a public dedicated and maintained street or road.

(2)

The park shall be served by public water and sewer systems or other systems approved by DHEC, a system of storm drainage, and refuse disposal facilities, plans of which shall be approved by local DHEC officials.

(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 16 feet in width which shall have unobstructed access to a public street or road.

(4)

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

(5)

Each individual home site shall be at least 25 feet from any other site and at least 25 feet from the right-of-way of any street or drive providing common circulation.

(6)

All homes shall be installed in accord with the installation requirements of S.C. Code Reg. 19-425.39 of the South Carolina Manufactured Housing Board Regulations.

(7)

Not less than 20 percent of the park site shall be set aside and developed for common open space and recreation usage, in accord with section 44-497.

(8)

Space numbers. Permanent space numbers shall be provided on each manufactured home space and shall be located so as to be visible from the street or driveway. Signs identifying space locations shall be provided at each street or driveway intersection.

(9)

The maximum number of manufactured home spaces shall not exceed seven per acre.

(10)

Two parking spaces shall be provided for each designated manufactured home space. Parking may be provided at the designated space or in community parking areas.

(11)

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

(12)

Buffer areas shall be provided on the perimeter of the park or court in accord with the requirements of section 44-426.

(13)

A license shall be required to open or operate a manufactured home park and shall be subject to annual renewal. Said license may be revoked by the zoning administrator for a violation of this chapter or other applicable ordinances and regulations governing the operation of such uses.

(14)

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

(Ord. No. 01-05, § 46-305, 3-15-2005)

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

(1)

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

(2)

The floor area dedicated to such use shall not exceed 25 percent of the floor area of the principal building, up to 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.

(5)

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

(6)

No more than one person not residing in the residence shall be employed in the home occupation.

(7)

No traffic shall be generated 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 is no alteration whatsoever of the residential character of the building and/or premises.

(10)

The occupation, profession, or trade generates no noise, glare, heat, vibration, smoke, dust, or odor perceptible to adjacent uses.

(11)

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

(Ord. No. 01-05, § 46-306, 3-15-2005)

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

(1)

The principal structure (dwelling) must be owner occupied.

(2)

The apartment, whether attached or detached, cannot exceed 50 percent gross floor area of the principal dwelling, or contain more than two bedrooms.

(3)

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

(4)

An accessory apartment may be accessory only to a single-family dwelling, and not more than one apartment shall be allowed per dwelling lot.

(5)

Minimum lot size shall be at least 50 percent greater than the minimum lot requirement for the district in which the apartment is to be located.

(6)

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

(Ord. No. 01-05, § 46-307, 3-15-2005)

Open storage as an accessory use may be permitted where indicated by Table 1 provided such storage area does not occupy over 20 percent of the buildable area, is not located in any required setback area, and is screened from public view. Open storage does not include retail sales items such as vehicles, boats, etc.

(Ord. No. 01-05, § 46-308, 3-15-2005)

(a)

Permit required. The zoning administrator is authorized to issue a permit for temporary uses as specified in this chapter. No temporary use may be established without receiving such permit. Temporary use permits may be renewed no more than twice within one 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 zoning administrator.

(b)

Type and location. 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 nonresidential zone districts for a period not to exceed 60 days.

(2)

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

(3)

Portable classroom buildings in any district for cultural or community purposes, educational or religious purposes 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 structure shall be located on the same site as the principal structure.

(4)

Temporary office trailers for the conduct of business in any nonresidential zone district where the principal building is being expanded, rebuilt, or remodeled.

(5)

Festival, carnival, circus, fair or outdoor concert for a period not to exceed seven days provided:

a.

Said use shall be located no closer than 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; and

c.

A bond in the amount of $200.00 is posted with the zoning administrator, one-half of which will be returned to the applicant if all conditions of the permit are met and the site is cleared within three days after the permit has expired;

otherwise the city will have the right to revoke the permit.

(6)

Open lot sale of Christmas trees for a period not to exceed 45 days in any nonresidential district.

(7)

Real estate sales office in any district for a period not to exceed one year, provided no cooking 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 60 days, unless re-permitted.

(c)

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

(Ord. No. 01-05, § 46-309, 3-15-2005)

(a)

All current uses prior to Oct. 18, 2016, within the Public Square shall continue to be permitted.

(b)

The following conditional uses shall be permitted on the second or higher floors of buildings located on the Public Square, to wit:

(1)

condominiums (residential and commercial), in keeping with the South Carolina Horizontal Property Act, § 27-31-10 et seq. of the 1976 South Carolina Code of Laws, as amended;

(2)

Multifamily residences and/or apartments; and

(3)

All commercial uses allowed in B-2 zone.

(c)

Only commercial use shall be permitted on the ground or street level of all buildings located within the Public Square unless exempted by subsection (a)above.

(d)

Below street level space, such as basements, shall not be used for residential purposes, but shall be considered street or ground level space.

( Ord. No. 9-16-01 , §§ 1—3, 10-18-2016)