An ordinance establishing standards for improved commercial property within the three mile joint jurisdictional area and the city of Huron, South Dakota.

(Ord. 1809 (part), 1998).

(a)

It is the desire of the city of Huron and Beadle County to encourage development that enhances the environmental and aesthetic conditions that contributes to the quality of life in and around the city of Huron. To achieve this, a minimum standard for a landscaped setback and landscape features is prescribed to lessen the adverse effects common to commercial and industrial property.

(b)

This chapter shall apply to all industrial zoned (I-1 and I-2) property improved with new construction and/or major renovation within the three mile joint jurisdictional area and in the city of Huron.

(1)

This chapter shall apply to all commercial and/or industrial use property in the AG zone.

(2)

This chapter shall apply to all commercial zoned (B-1 and B-3) property improved with new construction and/or major renovation on or abutting SD Highway 37, SD Highway 14, Old Highway 14, 21st Street and Lincoln Avenue within the three mile joint jurisdictional area and in the city of Huron.

(c)

The provisions of this chapter shall not apply retroactively and the chapter shall not apply to any building permit issued prior to the effective date hereof.

(Ord. 1809 (part), 1998).

(a)

"Exceptions" means an authorization for the installation of landscape plant material of a type or in a location which would otherwise be prohibited by this title.

"Landscaped area" means an area that is permanently devoted and maintained for the growing of shrubbery, grass or other plant material, and may include minor areas with nonliving ground cover. Such minor areas will exclude the street right-of-way.

"Landscaped setback" means that part of the designated yard required to be landscaped according to the provisions of this chapter.

"Major renovation" means reconstruction and/or renovation/remodeling of an existing structure to the extent of seventy-five percent or more of the replacement cost of such structure. Replacement cost shall be determined by use of the Marshall Swift Program which is used by the Beadle County director of equalization office.

"Tree" means a tree which is required by this chapter and meets or exceeds the following minimum specifications according to tree type:

(1)

"Deciduous ornamental tree" means a minimum of one inch caliper measured at a point six inches above immediate ground level when planted and normally growing to a height less than thirty feet at maturity.

(2)

"Deciduous shade tree" means a branched tree of a minimum of one inch caliper measured at a point six inches above immediate ground level when planted and normally capable of reaching a mature height of thirty feet or more.

(3)

"Evergreen or coniferous tree" shall be a minimum height of four feet measured above immediate ground level when planted.

(4)

"Street tree" means as defined in Section 11.16.270. Trees used for street tree planting shall be hard maple, American linden or basswood, hackberry, ash, honey locust and other types as may be approved by the parks and recreation department.

(Ord. 1809 (part), 1998).

In every case where landscaping is required, the applicant for a building permit shall submit a landscape plan prepared in accordance with the provisions of this section. The landscape plan shall include the following:

(a)

Name and address of developer/owner;

(b)

Landscape Proposal. Scaled drawing of site based upon survey of property lines showing streets, easements, existing and proposed parking and proposed landscaping outline showing details of planting beds, foundation plantings, sodded and seeded areas, screening, location and identification of trees, and location of landscape islands with identification of plant material used. This landscape proposal can be included as part of the building plot plan that is submitted to the building inspection department;

(c)

Planting Schedule. A table available through the parks and recreation department containing common and botanical names, size, root specifications, and proposed planting dates.

(Ord. 1809 (part), 1998).

(a)

Artificial plantings are not acceptable under this chapter and no landscaping requirement of this chapter may be satisfied through the use of artificial planting.

(b)

Required Landscaping of Front Yard Setbacks. A minimum width of ten feet of the required front yard setback shall be maintained in living ground cover excluding necessary hard surfacing of driveways to reach allowed or required off-street parking areas.

(c)

Trees. In consideration of the benefits provided from the use of trees in reducing heat and pollution, the following standards regarding trees shall be met and maintained:

(1)

Total Number of Trees Required. One tree per fifty feet of frontage or one tree per six parking, loading and stacking spaces provided on site, whichever is greater.

(2)

Placement According to Type and Percentage Allowed. Deciduous shade tree - may be utilized for interior trees or right-of-way planting. No more than fifty percent of the total tree requirements may be planted in the right-of-way boulevard area.

(3)

Deciduous Ornamental and Evergreen Trees. Up to twenty-five percent of the required trees may be deciduous ornamental, evergreen or coniferous trees; however, such trees shall not be planted in a driveway or intersection nor utilized for parking lot interior trees or street right-of-way plantings.

(4)

Interior Tree Requirements for Parking Areas Exceeding Fifty Spaces. One tree per twenty-five interior parking spaces, equally spaced, in planting islands within hard surfaced parking areas. Islands within hard surfaced parking areas shall be minimum of six feet wide and contain a minimum of thirty-six square feet per tree with raised curbs or wheelstops.

(5)

Existing Trees. The preservation of existing trees on any site will be credited to the landscape requirements if they meet the minimum size requirements and are properly located to satisfy the standards of this chapter.

(6)

Trees will be planted in areas at least six feet by six feet. Only trees specified on a case by case basis by the parks and recreation department may be planted in smaller or narrower areas.

(d)

Parking Lot Buffer Areas. A setback area of at least five feet shall be provided between the parking surface and property line where a parking lot abuts adjoining residential property; provided however that where a screen, fence or wall is provided, the minimum required setback shall be reduced to three feet.

(e)

Parking Lot Screening. Where a parking lot of property subject to this chapter is adjacent to residential property, including where the residential property is across an alley right-of-way from the parking lot, a fence, wall, berm, or shrubbery four feet in height and of a character which will provide for adequate screening of a parking lot from adjacent residential property shall be provided.

(1)

Berms or other landscaping techniques may be used for all or part of the parking lot screening requirements and may be incorporated into a required setback area. In any landscaping application berms shall have a maximum grade of three feet horizontal to one foot vertical and shall be sodded or planted with other acceptable living ground cover.

(f)

All landscaped areas shall be sod, seeded or other approved living ground cover only. Nonliving ground cover may be provided only on the site as a base around trees or shrubs only, and in no case will it be allowed to exceed ten percent of the landscape area provided behind the right-of-way line.

(g)

Screening Dumpsters. All outside dumpsters or other garbage receptacles on the site shall be screened from the street by an opaque fence or wall.

(h)

Installation Requirements. Trees shall be located no closer than three feet to any curb and all landscape materials required by this section shall be installed in accordance with accepted industry standards. Minimum planting sizes of hedges and ground cover evergreens to meet the requirements of this chapter are as follows:

(1)

Hedges. If hedges are utilized for the required screening of the parking lot, plantings shall be a minimum of eighteen inches above ground height when planted and of a species that is normally capable of reaching a height of four feet within three years. Spacing shall be eighteen to thirty-six inches apart, depending upon species, as the hedge must also be capable of providing a substantially full expanse of foliage within this three year period.

(2)

Ground Cover Evergreens. If ground cover evergreens are utilized in areas required to be maintained in living ground cover, plantings shall cover a minimum area of twelve inches in diameter when planted and spaced no more than four feet on center.

(i)

Maintenance. The use of in-ground sprinkler systems is encouraged, and at a minimum, water services shall be conveniently located to provide a permanent and easily accessible means of watering. The property owner/general contractor is encouraged to protect the proposed landscape areas from debris. Property owners shall be ultimately responsible for the proper soil conditions and maintenance of all required landscape materials and any dead or substantially damaged landscape materials shall be replaced.

(1)

If the owner, his manager or agent fails to so maintain such trees or shrubs on required landscaped areas, the city after fifteen days of written notice to maintain or replace such trees or shrubs on required landscaping shall have the authority to have such maintenance and/or replacement done and charge the costs of the same to the property owner for collection. If the cost of such work is not paid within five days after demand is made therefor upon such owner or his manager or agent, it shall become a lien on such land the same as, and enforceable to the extent provided for special assessments.

(j)

Right-of-Way Landscaping. The unpaved portion of a dedicated public right-of-way abutting any development shall be landscaped with grass, or other living ground cover approved by the director of parks and recreation or an authorized representative. Nonliving ground cover, including, but not limited to, rock, stone, brick, concrete, blacktop, or other like materials shall not be used as landscape materials except as provided herein.

(1)

In the city of Huron, the director of parks and recreation or an authorized representative may authorize the use of nonliving ground cover for landscaping a public right-of-way when it is determined that the location will not allow for adequate maintenance of sod or other living ground cover. This exception shall not include the use of loose rock or blacktop as landscaping material.

(k)

Certificate of Occupancy. Unless provided otherwise by this chapter, a certificate of occupancy will not be issued unless such landscaping requirements are installed. The requirement may be deferred by the concurrence of the parks and recreation department head (or authorized representative) and the planning and inspections department representative by the issuance of a temporary certificate of occupancy until the next normal planting season under the following conditions:

(1)

Weather conditions are such that planting cannot be conducted during the normal planting seasons of April 1 to June 15 and October 1 to November 15; and

(2)

Availability of approved landscape material in the area.

Should a final certificate of occupancy not be issued due to not complying with any provisions of this chapter, the city may refuse to supply the owner or occupant with city services or utilities.

(Ord. 1809 (part), 1998).

(a)

The enforcement of this chapter within the city of Huron shall be the responsibility of the planning and inspection department, under the authority of the Huron city commission.

(b)

The enforcement of this chapter in the three mile joint jurisdictional area shall be the responsibility of the Beadle County zoning administrator, under authority of the Beadle County commission.

(Ord. 1809 (part), 1998).

(1)

Within the city, exceptions to the terms of this chapter may be granted by the planning commission of the city of Huron after public notice and hearing thereon. Notice of such hearing shall be in the same form and manner as is required in respect to zoning variances. A decision of the planning commission may be appealed to the Huron city commission within ten days after issuance of the decision.

(2)

Within the county, exceptions to the terms of this chapter may be granted by the joint (city/county) planning commission, after public notice and hearing thereon. Notice of such hearing shall be in the same form and manner as is required in respect to zoning variances. A decision of the joint planning commission may be appealed to the Huron city commission and the Beadle County commission within ten days after issuance of the decision.

(3)

If such exception is granted, the property owner/representative must comply with alternatives established by the joint planning commission or city/county commission as the case may be.

(4)

Appeals to decisions of the city commission go to the court of record. Appeals to decisions of the county commission go to the court of record.

(Ord. 1809 (part), 1998).

(a)

The maximum penalty for violation of this chapter within the city should be the maximum penalty that may be charged for violations of municipal ordinances as per Section 1.04.130. Within the city, the failure of owners to comply with this chapter shall constitute a nuisance and the city shall have the authority to abate the nuisance as provided by law.

(b)

The maximum penalty for violation of this chapter within the Beadle County jurisdictional area should be the maximum penalty that may be charged for violations of Beadle County zoning ordinances as per Nuisance Ordinance, Articles 36 and 37.

(Ord. 1809 (part), 1998).