By Aberdeen Insider - March 6, 2025 in CITY OF ABERDEEN
ORDINANCE NO. 25-02-04
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE ABERDEEN CITY CODE REGARDING THE AUTHORITY OF THE
BOARD OF ZONING TO DETERMINE SPECIAL EXCEPTIONS
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 criteria considered by the Board of Zoning Adjustment to authorize special exceptions; 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:
- Chapter 60 – ZONING, shall be amended as follows:
Sec. 60-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
. . .
Special exception means a conditional use as defined herein. Special exceptions are subject to evaluation and approval by the board of zoning adjustment and are administrative in nature.
. . .
Use, conditional, means a use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. A conditional use is approved as a special exception after due consideration, as provided for in this chapter, of the impact of such use upon neighboring land and the community as a whole.
. . .
Sec. 60-193. Special exceptions.
(a) Authority. Upon application, the board of zoning adjustment in its discretion is authorized to approve special exceptions upon consideration of the criteria set forth in subsection (c) of this section, the objectives of the comprehensive plan, and the purpose of the ordinance and the relevant district.
(b) Additional requirements. The board may prescribe and impose additional requirements, conditions, and safeguards, including a specified time limit, as a condition for approval so that the special exception may satisfy the requirements of this section. The refusal or failure of the applicant to accept, effect, and maintain such additional requirements, conditions, and safeguards shall result in disapproval of the application or revocation of the special exception.
(c) Criteria. The special exception may be approved only if the use satisfies the following specific criteria:
(1) Fire hazard. The use shall not involve the use or storage of flammable or explosive material unless protected by adequate firefighting and fire suppression equipment and by such safety devices as are normally used in the handling of such material.
(2) The use shall not produce noise which is objectionable due to volume, frequency, or beat unless muffled or otherwise controlled.
(3) Vibration. The use shall not cause vibration which is discernible without instruments on any adjoining lot or property.
(4) Air pollution. The use shall not involve pollution of air by fly ash, dust, vapors, or other substances which are harmful to health, animals, vegetation, or other property or which can cause soiling, discomfort, or irritation.
(5) Odors. The use shall not involve malodorous gas or matter which is discernible on any adjoining lot or property.
(6) Glare. The use shall not cause direct or reflected glare that is visible from any adjoining property or from any public street, road, or highway.
(7) Traffic hazard. The use shall not substantially increase the movement of traffic on surrounding public streets unless provision is made to limit traffic hazards and reduce congestion. A substantial increase in the movement of traffic includes any single use or density of development that generates traffic volumes on a surrounding public street in excess of 100 vehicle trips per day per acre of the property.
(8) Overtaxing of public facilities and utilities. The use shall not substantially increase the burden on public utilities or facilities unless provision is made for any necessary adjustments.
(9) Character of neighborhood. The use shall not involve any activity not in character with the majority of the uses in the neighborhood unless, by design, setback, nature of operation, and other measures, the character of the neighborhood will be maintained. A finding that the use will create undue concentration of similar uses, cause blight or deterioration to occur, or diminish or impair property values in the neighborhood shall be supported by substantial evidence.
(10) General welfare of the community. The use shall not adversely affect the public health, safety, or general welfare of the community.
(d) Other special exceptions. The board of zoning adjustment may approve the following special exceptions in any zoning district:
(1) Radio, TV, electric and telephone transmission towers.
(2) Expansion of railroads and appurtenances.
(3) Removal of gravel, topsoil, or similar natural material, with safeguards for the protection of adjoining property and the community as a whole.
(4) Roadside stands, commercial amusements, or recreational developments for temporary or seasonal periods.
- 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: 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 $69.44 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com