By Aberdeen Insider - July 31, 2025 in CITY OF ABERDEEN
ORDINANCE NO. 25-07-01
AN ORDINANCE AMENDING THE ZONING REGULATIONS
OF THE ABERDEEN CITY CODE TO INCLUDE
HOME DAY CARES IN ADMINISTRATIVE 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 authorizing the planning and zoning director to administratively approve the special exception required for a home day care, as required by Aberdeen City Code, Sec. 14-135 and certain zoning districts; 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 July 15, 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. 60-197. Administrative exceptions.
(a) General provisions. Administrative exceptions may only be approved provided the applicant complies with the process outlined within this section. Except for a home day care, the planning and zoning director may not approve an exception that results in a change in permitted land uses that would require the approval of a special exception or rezoning of the property.
(b) Authorized exceptions. The director is authorized to grant:
(1) Home day care. A special exception for a home day care as set forth in chapter 14.
(2) District standards. The minimum necessary exception of any of the following minimum or maximum zoning district standards:
- Encroachments into required setbacks for the installation, repair, or replacement of decks, steps, porches, access ramps, or similar structures necessary for access;
- Setback encroachments to allow for the construction of townhouses abutting a shared lot line;
- Lot frontage, lot depth, and lot area;
- Parking, loading and unloading spaces; and
- Building setbacks or other zoning requirements to bring existing structures into compliance with current requirements.
(c) Application requirements. To initiate an application for an administrative exception, an application shall be submitted to the department and include the following:
(1) An application form signed by the property owner or authorized representative, and fee;
(2) A written narrative explaining and justifying the request; and
(3) A site plan drawn to scale showing all property lines with dimensions, location of buildings and other structures, north arrow, street numbers, lot or parcel number, locations of setback lines, and other dimensional requirements from which the administrative exception is sought.
(d) Approval process.
(1) Upon receipt of a complete application and the required information, the director shall have seven business days from receipt of the application to complete the review and to recommend approval, denial, or suspension of the application. If the director determines that the application does not contain the required information, the review timeline shall be suspended and the applicant shall be notified of the deficiency. When complete and sufficient information is provided by the applicant, the review timeline shall be re-engaged, with an additional three business days added to the remaining balance of the review timeline.
(2) The director shall approve the application, approve the application with conditions, or deny the application.
(3) An administrative exception may be approved by the director upon determination that it will satisfy the conditions set forth for variances at section 60-257.
(e) Order on decision. The director shall file in the planning and zoning office a written order, signed and dated, setting forth the decision to approve the application, to approve the application with conditions stated thereon, or to deny the application. A copy of the order shall be provided to the applicant.
(f) Appeals. Appeal from the decision of the director to approve the application with conditions or to deny the application may be made to the board of adjustment.
(g) Violation of order. Unless otherwise modified by appeal, a violation of the order of the director shall be subject to the penalties and remedies set forth in this chapter.
- 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: July 15, 2024, Public Hearing: July 15, 2024, First Reading: July 21, 2025, Second Reading: July 28, 2025, Final Adoption: July 28, 2025, Published: July 31, 2025, Effective Date: August 20, 2025
Published once on July 31, 2025, at the total approximate cost of $65.03 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com