When used in this title, the following words and terms shall have the meanings ascribed to them in this section:

Accessory buildings and uses means a subordinate use of building customarily incident to and located upon the same lot or parcel consisting of adjacent lots occupied by the main building.

Alley means a street or way shown on the official plat of the city or its additions and designated thereon as an alley.

Buffer means a neutral area established as a barrier between two (2) adjoining properties.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building height means the vertical distance from mean natural grade to the highest point on the building.

Clear vision triangle means the vision triangle at a street intersection or street and railroad intersection shall be formed by measuring twenty (20) feet along the roadway edges or roadway and railroad track edges from the intersection of the roadway edges or roadway edge and railroad track and connecting those points.

Commercial includes all land uses in SLUC 4923 and 4924, 52-59, 61-69, 71-79, and 8221, except that any use in SLUC 639, 64, 66, 72-79 or 8221 that includes an outdoor or only partially enclosed work and/or materials handling and/or storage yard. All such uses shall be considered industrial.

Comprehensive plan means the comprehensive plan of the City of Aberdeen. It is a guide for elected officials and private citizens in making decisions concerning future developments of the city.

Higher density residential use means any residential use that is designed for occupancy by more than two (2) families. It includes, without distinction, apartments, condominiums, duplexes, townhouses, and all other forms of attached housing. It also includes manufactured home parks.

Home occupation. See section 9-1-9 of this chapter.

Industrial includes all land uses in SLUC 21-51, 637, and 82-89, plus any use defined as industrial by the "commercial" definition.

Kennel means ownership of more than two (2) dogs. Litter allowed for twelve (12) weeks.

Landscaping means an expanse of natural scenery; the addition of lawns, trees, plants, and other natural and decorative features to land.

Lot means for the purposes of this title, lot is used both as a generic term for a development site, and to refer to any parcel of land created and described by a record of survey or plat.

Lot coverage means the percent of the lot covered by structures, including the main and all accessory buildings, and impervious surfaces, including patios, drives, and walks.

Manufactured home means a structure, manufactured pursuant to the authority of 42 USC 5401 (the national manufactured home construction and safety standards act), that is transportable in one or more sections, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

Minor utility installations includes cable television, satellite dishes, electric power, and telephone cables and transmission lines, and natural gas and propane pipelines that serve the area through which they are routed. Also includes transformer boxes and other minor appurtenances to those transmission lines or pipelines.

Outdoor material means stockpiling, storage, processing, or packaging of materials for any reason (it need not be for commercial use), including long term storage of construction materials and inoperative

Handling or storage means machinery or vehicles, that is not enclosed in a building and that is visible from a public street.

Plat means a plan, map or chart of a piece of land with actual or proposed features.

SLUC means standard land use code.

Setback means the distance between the property line and the outer wall or edge at grade, of the proposed structure on the same lot.

Sign means any object or structure used to identify, advertise, or in any way attract or direct attention to any use, building, person, or product by any means, including, but not limited to, the use of letters, words, pictures, and other graphic depictions or symbols.

Single-family dwelling means a building arranged or designed to be occupied by not more than one family.

Site plan illustrates all those details of a proposed development needed to demonstrate compliance with applicable ordinances, including the location of existing and proposed property lines, easements, buildings, parking areas and points of access to streets, sidewalks, buffers and other measures designed to mitigate potential nuisances, signs, and other features of the site.

Subdivision means division of a parcel into lots for the purpose of sale or building development and excludes partitions of agricultural land for agricultural purposes.

Variance means a modification of the requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provisions affecting the size or shape of structure or the placement of the structure upon lots, or the size of lots. Land use cannot, by definition, be varied.

(Ord. 266, 2-8-2005, eff. 2-16-2005; Ord. 286, 6-14-2011)

A.

Minimum requirements. In interpreting and applying the provisions of this title, the provisions hereof shall be held to the minimum requirements adopted by the council for the promotion of the public health, safety, morals, comfort and convenience and to promote the general welfare.

B.

Existing agreements. It is not intended by this title to alter or change an existing agreement between two (2) parties where this title imposes a greater restriction upon the height of buildings or requires larger lots or yards than are imposed or required by existing permits, easements, covenants, or agreements, but where there is such variation, then this title shall be liberally construed to promote the best interest and purpose of the public and general welfare.

C.

Existing laws. The mayor and council hereby declare that it is their intention that this title does not repeal any existing ordinance or ordinances in regard to fire, sanitation or otherwise.

D.

Existing construction. Nothing herein contained shall require any change in the principal construction or designated use of a building for which a permit has been heretofore issued and the construction of which such building shall have been actually begun at the effective date hereof. If any area in any particular zone is hereafter transferred to another zone by change in zone boundaries, the provisions of this subsection with regard to buildings or premises then existing or building permits then issued at the effective date hereof, shall apply to buildings and premises existing or building permits issued in such transferred area at the time of such transfer.

(Ord. 266, 2-8-2005, eff. 2-16-2005)

A present nonconforming use or occupancy at variance with the provisions of this title may be continued, but the nonconforming use or occupancy shall not be extended except with the approval of the council; provided, however, that a nonconforming use or occupancy at the effective date hereof may not be reconstructed or structurally altered to an extent exceeding an aggregate cost of fifty (50) percent of the value of which such building is assessed on the records in the office of the county assessor, unless such building is changed to conform to the provisions of this title relating to the zone in which such building is located. A nonconforming occupancy or use may not be changed unless changed to a higher use, and unless herein otherwise provided, nothing in this title shall require the change of any building now constructed.

(Ord. 266, 2-8-2005, eff. 2-16-2005)

Stands for the sale of merchandise or produce shall be allowed in accordance with section 3-1-1 of this Code.

(Ord. 266, 2-8-2005, eff. 2-16-2005)

The council may vary regulations when, in its judgment, the public convenience and welfare will be substantially served, and regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. In cases, however, of a protest against such change signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or those within a radius of three hundred (300) feet of such change, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the council. However, no such regulations, restrictions or boundaries shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in the Aberdeen Times or paper of general circulation in the city.

(Ord. 266, 2-8-2005, eff. 2-16-2005)

Any person who shall violate any provision of this title shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall subject the offender to penalties in accordance with section 1-4-1 of this Code.

(Ord. 266, 2-8-2005, eff. 2-16-2005)

A.

Hearings required before planning and zoning board. Whenever this Code or Idaho Code requires a public hearing to be held in connection with a planning or a planning and zoning issue, the procedures for such public hearing shall be as follows:

1.

The initial public hearing shall be held by the planning and zoning board of the city.

2.

At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the action to be considered at the hearing shall be published in the official newspaper of the City of Aberdeen. The notice also shall be made available to other papers, radio and television stations serving the city as a public service announcement.

3.

The planning and zoning board shall make recommendations to the city council. A record of the hearings, findings made, and actions taken by the planning and zoning board shall be maintained by the city.

B.

Planning and zoning issues before the city council.

1.

Upon receiving recommendations from the planning and zoning board, the city council may (but is not required to) conduct at least one public hearing, in addition to the public hearing(s) conducted by the planning and zoning board.

2.

Following consideration by the city council, if the city council makes a material change in the recommendation or alternative options contained in the recommendation by the planning and zoning board, further notice and hearing shall be provided before the city council takes final action.

(Ord. 266, 2-8-2005, eff. 2-16-2005)

A.

Final decision making authority. The planning and zoning board of the city shall have final decision making authority over the following items:

1.

Special use permits.

2.

Conditional use permits.

3.

Variances.

B.

Recommendations to city council. Other decisions made by the planning and zoning board shall be deemed recommendations to the city council, who shall make the final decision.

C.

Appeals. An aggrieved party may appeal a final decision of the planning and zoning board to the city council.

(Ord. 270, 7-11-2006)

A home occupation is a commercial activity conducted in a dwelling or a building accessory to a dwelling. No additional traffic noise permitted. No business conducted prior to 7:00 a.m. or after 8:00 p.m. Business shall not result in products or byproducts visible to neighbors, and a home occupation permit shall be required, with fee established by resolution by city council.

A.

General. Home occupations shall be permitted in all residential zones, provided the home occupation clearly and obviously is subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.

B.

Conditions. The following conditions shall apply to home occupations:

1.

The home occupation shall not exceed twenty-five (25) percent of the floor area of the primary structure.

2.

Other than those related by blood, marriage or adoption, no more than one person may be employed in the home occupation.

3.

Inventory and supplies shall not occupy more than fifty (50) percent of the area permitted to be used as a home occupation.

4.

There shall be no exterior display, sign or storage of goods on said premises.

5.

The use may not materially change the character of the dwelling or adversely affect the uses permitted in the residential zone.

6.

Any and all home occupations involving beauty shops, barbershops, or other occupations which require city, state, or federal licenses to operate, shall require a conditional use permit which is not transferable.

7.

Sales and services to patrons shall be arranged by appointment and scheduled so that not more than two (2) patron vehicles are on the premises at the same time.

8.

Two (2) parking spaces shall be provided on the premises, if the home occupation does not have an employee, or three (3) parking spaces provided if there is an employee.

9.

No equipment or process shall be used in such home occupation which creates objectionable noise, vibration, glare, fumes, odors or electrical interference.

10.

The person seeking a home occupation license shall obtain written consent from the owners of all adjoining properties within one hundred fifty (150) feet of the proposed home occupation. A form for such consent shall be on the application as approved by the city.

C.

Prior to conducting a home occupation, an application shall be made to the planning and zoning board. The applicant shall be granted a permit if the applicant complies with this and other pertinent city ordinances and regulations. If the conditions set forth above, and other pertinent city ordinances and regulations, are not complied with in full, the planning and zoning board shall conduct a public hearing, as prescribed herein, and shall determine whether the application shall be approved or denied. The applicant, or other aggrieved party, may appeal the approval or denial of a permit directly to the city council.

D.

Special use permit. If an applicant for a home occupation permit wishes to deviate from the requirements listed above, such applicant must apply to the planning and zoning board for a special use permit.

E.

Application fee. All applicants for a home occupation permit must pay an application fee at the time they apply for the permit. The amount of the application fee to be set by city council.

F.

Existing home occupations. Established home occupations prior to this section will be grandfathered with the stipulation that there will be no expansion, and also with the stipulation that if the residence changes owners, the home occupation permit is not transferable. The new owners would have to apply to the planning and zoning board for a home occupation permit and would be required to meet the guidelines established in this section.

(Ord. 286, 6-14-2011; Ord. 310, 12-13-2016)