By Aberdeen Insider - March 6, 2025 in CITY OF ABERDEEN
ORDINANCE NO. 25-02-03
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE ABERDEEN CITY CODE REGARDING
VARIANCES FROM THE ZONING ORDINANCE
WHEREAS, the City Council of the City of Aberdeen is charged with providing for the health, safety, and property of its citizens, and does so through the comprehensive zoning regulations adopted at Chapter 60 – ZONING of the Aberdeen City Code; and
WHEREAS, the Community Development Department recommends revising the power and duties of the Board of Zoning Adjustment including the conditions for authorizing variances; and
WHEREAS, Section 60-286 provides that no amendment, supplement, or change to Chapter 60 shall become effective unless it shall have been proposed by, or shall first have been submitted to, the planning and zoning commission for review and recommendation.
WHEREAS, pursuant to Sec. 60-286, the City of Aberdeen planning and zoning commission held a public hearing on January 21, 2025, upon notice properly given, to study and report on the proposed amendment to the Zoning ordinance, and thereafter approved and recommended adoption of the amendment by the City Council; and
WHEREAS, the City Council has determined that the following amendment will benefit the health, safety, and property of its citizens.
BE IT ORDAINED BY THE CITY OF ABERDEEN, SD, THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:
- Sec. 60-257 of Chapter 60 – ZONING, Article IX, Division 1, shall be amended as follows:
Sec. 60-257. Powers and duties.
(a) In exercising the powers and duties, as outlined in subsection (b) of this section, the board of zoning adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative officer of the city from whom the appeal is taken.
(b) The board of zoning adjustment shall have the following powers and duties:
(1) Administrative review. To hear and decide appeals to the board authorized under this Code where it is alleged there is error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this Code, or of any ordinance adopted pursuant thereto.
(2) Special exceptions. To hear and decide special exceptions to the terms of this chapter, in the manner set forth at section 60-193.
(3) Variances. To authorize upon appeal in specific cases variance from the terms of this chapter, in the manner set forth at section 60-198.
- A new section is hereby added to Article VII of Chapter 60 – ZONING of the Aberdeen City Code as follows:
Sec. 60-198. Variances
(a) Authority and purpose. The board of zoning adjustment in its discretion may authorize variances to modify the strict application of the specific requirements of this chapter where the strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of the property. The variance shall be authorized only where necessary to overcome some obstacle which is preventing an owner from reasonably using the property as the ordinance intended.
(b) Appeal by application; burden. A property owner may appeal for a variance by application to the board. The fee shall be paid at the time of application for each application submitted. The board shall consider and decide the application at a public hearing and in accordance with the standards provided in this section and in applicable state law. The applicant has the burden of showing the variance satisfies the requirements for authorization.
(c) Requirements for authorizing a variance. Before the board may authorize a variance, it must find that:
(1) Authorizing the variance will not be contrary to the public interest;
(2) There are special conditions attached to the property that do not generally apply to other properties in the same district;
(3) Because of the special conditions, strict application of the ordinance will result in unnecessary hardship to the applicant;
(4) The spirit of this chapter and the comprehensive plan will be observed by authorizing the variance; and
(5) Substantial justice will be done by authorizing the variance.
(d) Criteria for variances. In authorizing a variance, the board must consider the following specific criteria:
(1) Special conditions exist. Special conditions regarding the particular property do not apply generally in the district. Special conditions must relate to the hardship complained of and may include, but are not limited to, unique physical characteristics such as lot size or dimension, topography, or an existing structure location. Such special conditions that an extraordinary and exceptional situation on the property exists, or that denial of the variance would create peculiar and exceptional practical difficulties or exceptional and unnecessary hardship to the applicant shall be described in the findings of the board.
(2) Permitted use only. The variance will not permit a use of land, building, or structure which is not permitted in the district. The mere existence of a nonconforming use of any neighboring land, building, or structure in the same district or of permitted or nonconforming uses in other districts shall not justify the variance.
(3) No special privilege. The variance will not confer upon the applicant a special privilege denied to other residents of the district.
(4) Enjoyment of common privileges. Failure to authorize the variance will deny the applicant a privilege commonly enjoyed by other residents of the district.
(5) Established business. Failure to authorize the variance will result in unjust financial hardship to a previously established business or industry at the particular property.
(6) Deprivation of reasonable use. Special conditions are such that the strict application of the provisions of this chapter will deprive the applicant of reasonable use of the particular property. Mere loss in value is not a deprivation of reasonable use so as to justify the variance.
(7) Minimum adjustment. The variance will be the minimum adjustment necessary for the reasonable use of the land.
(8) Intent observed. The variance will be in harmony with the general purposes and intent of this chapter and not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan of the city.
(e) Unnecessary hardship. The board may not find an unnecessary hardship:
(1) Unless the hardship is located on or associated with the particular property and comes from conditions unique to the property and not from conditions that are general to the neighborhood.
(2) If the hardship is the result of the actions of the applicant. The hardship to the applicant may not be self-imposed.
(3) If the hardship to the applicant is merely financial or economic or due to inconvenience.
(f) Additional requirements; refusal. The board may prescribe and impose additional requirements, conditions, and safeguards, including a specified time limit, as a condition for authorizing a variance to mitigate any harmful effects of the variance or to serve the purpose of the standard or requirement that is waived or modified. No authorization shall be given, or any authorization shall be revoked, where the applicant refuses or fails to accept, effect, and maintain such conditions and safeguards.
- Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
- Effective Date. The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein and footnotes omitted. This ordinance shall become effective twenty (20) days after the completed publication, unless the referendum is invoked. /s/ Travis Schaunaman, Mayor, ATTEST: /s/ Jordan McQuillen, Finance Officer Review & Recommendation of Planning Commission: February 18, 2025, Public Hearing: February 18, 2025, First Reading: February 24, 2025, Second Reading: March 3, 2025, Final Adoption: March 3, 2025, Published: March 6, 2025, Effective Date: March 26, 2025
Published once on March 6, 2025, at the total approximate cost of $84.84 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com