Sturgis City Zoning Code
DOWNTOWN OVERLAY
DISTRICT
§ 156.410 GENERAL DESCRIPTION.
(A) The Downtown District Overlay Zoning is added as an overlay district to the existing zoning and signage for this area. All provisions of the underlying district zoning are applicable. In instances where the Downtown Overlay Zoning District requirements or allowances contradict the underlying zoning district or signage regulations, the Downtown District Overlay Zoning shall be controlling. When a building or feature identified within this overlay or within the underlying zoning district is replaced, the replacement shall conform to the regulations.
(B) This district is intended to preserve and enhance the unique character of the area the district encompasses by establishing special standards that address aesthetics, access, site development, screening, landscaping and parking.
(Prior Code, § 18.5.15.01) (Ord. 2019-03, passed 3-5-2019)
§ 156.411 BOUNDARIES.
The Downtown Overlay District is generally located within the following boundaries: property located north of Sherman Street to and including properties fronting Lazelle, on the east properties fronting Middle Street and to the west, properties fronting 4th Street.
(Prior Code, § 18.5.15.02) (Ord. 2019-03, passed 3-5-2019)
§ 156.412 DESIGN GUIDELINES.
(A) General building design.
(1) The architecture of buildings in this zone shall generally reflect an urban main street quality. While variations in architectural style and interest will be accommodated, the built environment should be developed to a human scale and encourage pedestrian circulation.
(2) The following general building design criteria apply to development within this zone.
(a) Buildings within the same development complex or setting shall consistently use colors, materials, textures, patterns and rhythms found with other buildings in the complex.
(b) The perceived mass of a building shall be broken down by using building facade articulation, variations in roof forms, mass and void techniques, modification of textures and colors, deep set windows, wide building arcades, the accenting of building entries and the use of building focal points or vertical accents. All elevations of the building shall express consistent architectural detailing and character.
(c) Development design should encourage walking and biking rather than driving between businesses.
(B) Mixed-use development.
(1) Mixed use development is highly encouraged, specifically providing commercial retail on the street level and residential/office uses on second and higher stories.
(2) The residential portion of a mixed-use building should incorporate typical residential features such as porches and balconies that offer facade articulation and transparency.
(3) Balconies may overhang a sidewalk and encroach into the public right-of-way by no more than two-thirds of the width of the sidewalk up to a maximum balcony width of six feet. Measurement for this dimension shall be in a direct line from the property line to the back of the curb. No balcony shall be permitted which encroaches into any state highway right-of-way-area.
(4) Additions shall be designed so as not to obscure, alter or destroy the character of the original building when viewed from a public right-of-way.
(5) Setback regulations are as follows.
(a) All new construction shall have lot coverage of at least 50% of the lot area.
(b) All new buildings constructed are encouraged to have set backs of at least ten feet from the street right-of-way.
(c) All new buildings shall be set back from alleyways at least 25 feet to allow for parking.
(C) Awning and arcade design.
(1) Generally.
(a) Sign lettering and/or logos shall comprise no more than 30% of the total exterior surface of an awning or canopy and shall be included in the calculation of the allowable sign area. Existing awnings or canopies that exceed this requirement may remain until they are replaced.
(b) Awnings may be provided along the entire frontage of commercial buildings. Marquees are encouraged where appropriate.
(c) Awnings or canopies shall be hung above the display window space at least eight to ten feet above the public walkway with a minimum eight-foot vertical clearance. They may extend six to eight feet over the walkway from the building’s face.
(2) Fenestration.
(a) Buildings should meet the ground with a solid base treatment that creates a visual transition from sidewalk to building wall.
(b) Windows shall not be opaque.
(c) Building entrances should be defined for ease of use. Weather protection features are also encouraged. Display windows on the ground floor of retail and commercial buildings shall be the predominant surface on the first story. New commercial construction should provide a minimum of 40% of the first floor wall surface in windows that face the street.
(D) Building materials.
(1) Generally.
(a) Structures’ facades should consist of durable and natural appearing materials.
(b) The use and design of materials in the composition of structures shall consider pedestrian level durability.
(2) Building massing and articulation.
(a) Flexibility in the division of larger buildings into smaller tenant spaces should be considered in the design and articulation of storefront modules.
(b) Facades should be well composed and articulated with a variety of materials and forms.
(c) Cornice lines, accent bands and other facade elements can create interesting shadow effects, contributing to the visual interest of a facade.
(d) Building entrances shall be designed in a manner which breaks up the building mass and aids in pedestrian orientation.
(e) Building forms shall be articulated by varying roof heights and wall planes. Long, unbroken volumes and large, unarticulated wall and roof planes are not appropriate.
(f) The layout of primary buildings and outlot buildings should be varied to achieve an interesting visual environment.
(g) Multiple-story taller buildings may be acceptable where compatible with adjoining uses and designed to minimize the appearance of building bulk and mass. This can be accomplished through upper story setbacks, changes in building materials and the articulation of building details.
(E) Signage and marketing display.
(1) Sign design for the Downtown Overlay District is not based on a specific theme or style, but rather shall be an extension of the primary building quality and aesthetics.
(2) Wall signs should be integrated to appear part of the building facade.
(3) When there are multiple tenants for commercial uses, all signs shall be consistent and architecturally integrated in the form of size, shape, color, materials, lighting and placement.
(4) Visible raceways and transformers for individual letters are discouraged.
(5) In general, signs shall enhance the visual interest and remain subordinate to the overall character of the downtown area.
(6) Wall signs shall be located on the upper portion of the first floor storefront and shall be centered within an area uninterrupted by doors, windows or architectural details.
(7) Sign mounting brackets and support structures shall match other fixture materials used on the facade of the building.
(8) To convey a subtle appearance, the use of back-lit or reverse channel letters with halo illumination rather than internally-lit signs are encouraged.
(9) Facade-mounted fin signs should be perpendicular to the facade of the building and at least eight feet above the sidewalk. The outside edge must be at least two feet from the curb line, and no more than four feet from the face of the building.
(10) Window signs shall be limited to 25% coverage of the window area, including temporary and “sale” signs.
(11) Internally illuminated flashing signs in windows are prohibited.
(12) Wall-mounted signs located above the store front area, or signage, should be integrated into the design of the facade, taking on characteristics of the scale, lines and features of the facade.
(13) For two-story buildings a horizontal transition element should be utilized between the first floor and upper stories. Typically, this is a location for signage, canopies or awnings. The detail shall break the plane of the wall surfaces and create a frame for the first floor storefront design.
(14) Display or placement of any retail merchandise outside of a building during non-business hours shall not be more than six feet from the front exterior wall of the building. Retail merchandise shall not include retail landscaping merchandise and products.
(F) Parking lots.
(1) Surface parking lots shall not create significant gaps along the street and sidewalk. Any surface lot in the district shall:
(a) Use landscaping, trees, colonnades or other construction to maintain the line formed by buildings along the sidewalk;
(b) Make sure there is adequate perimeter landscaping that is high enough to screen but low enough to let people feel safe;
(c) Interior landscaping should especially include shade trees;
(d) Provide adequate direction and information signs for motorists; and
(e) Be hard surfaced (asphalt, concrete or pavers).
(2) Parking lots fronting Main Street are allowable as long as they directly service an adjoining business and do not represent a majority of the landowner’s holding. Curb cuts into the parking area from Main Street would be allowable to allow vehicular ingress into the parking area.
(G) Lighting.
(1) Lighting of building facades or the use of architectural lighting that results in hot spots on a building wall is highly discouraged.
(2) The use of bollard lighting for pedestrian pathways and parking areas is encouraged and is preferable to lights mounted on walls, posts or standards.
(H) Access, parking and circulation. Access, parking and circulation shall provide walkways adjacent to roadways, but separate from the curb whenever possible with landscaping, a bicycle lane or on-street parking. All multi-family dwelling units shall provide a minimum of one off-street parking space per dwelling unit. For multi-family dwelling units of five and above, there shall be additional spaces for guest parking as provided in the following chart.
Dwelling units | Guest Parking Spaces |
Dwelling units | Guest Parking Spaces |
5-7 | 1 |
8-11 | 2 |
12-15 | 3 |
16-19 | 4 |
20-23 | 5 |
24-27 | 6 |
28 + | 1 additional space per dwelling unit |
(I) Open space and amenities.
(1) Generally.
(a) Outdoor common areas, including hardscape plazas, green spaces, water features and play areas, are desirable elements and should be treated as visual and functional focal points.
(b) The use of public art is encouraged.
(c) Integrate plazas and other spaces of varying scales to provide rest, relaxation and outdoor dining opportunities for shoppers and other visitors. Spaces should be conveniently positioned adjacent to walkways and buildings.
(d) Site features should be varied in color, pattern and texture within a coordinated palette that relates to the building architecture. High quality materials and finishes shall be used throughout.
(e) Where practical, benches, water fountains and waste receptacles should be visually and functionally coordinated with the overall site design. The location of waste receptacles shall be provided as part of the development plan.
(f) Any newly developed or improved open space accessible to the public should generally:
1. Create a comfortable and interesting place to rest;
2. Let people clearly know it is there and that it is accessible;
3. Provide plenty of seating (approximately one linear foot for every 30 square feet of paved open space);
4. Have enough lighting to create a safe nighttime environment;
5. Use fountains or other water features; and
6. Incorporate public art.
(2) Landscaping.
(a) For the sake of visual continuity, large shade trees should be planted in the right-of-way every 25 feet to 35 feet along the curb line in order to create a continuous canopy.
(b) A mix of ornamental and shade trees can be planted outside the right-of-way for both shade and visual variety.
(J) Screening.
(1) Utility cabinets and pedestals must be located where they can be screened from view.
(2) Utility cabinets and pedestal shall not be located within a landscaping island in a parking lot where they are subject to vehicle damage. Consideration shall be given to accessibility for required service and maintenance of such facilities.
(3) Dumpsters shall be fully screened from view with durable building materials that are coordinated with the overall building design.
(4) Rooftop mechanical equipment shall be screened by architectural elements and painted to match the color of the roof.
(5) Where feasible, loading, service and equipment areas shall not be visible from public roadways or parking areas.
(6) Outdoor storage areas must be located behind or beside buildings and be shielded from view of the street or alley. Effective October 1, 2019, no metal Conex-style storage containers larger than 144 square feet, or semi-trailers may be used for storage in this district unless completely screened, as defined in this division (J), from view of the public from the right-of-way. Use of chain-link fencing as screening is not allowed. During the Rally period of July 15 through August 15, this provision will be suspended.
(K) Snow removal areas. For any multi-family dwelling of three or more units, a snow removal area shall be designated that will not interfere with the normal requirements for parking, sight triangles or landscaping.
(L) Garbage collection areas. For any multi-family dwelling of three or more units, a garbage collection area shall be designated. The designated garbage area must be screened.
(Prior Code, § 18.5.15.03) (Ord. 2019-03, passed 3-5-2019) Penalty, see § 156.999
§ 156.413 PERMIT PROCESS.
(A) All proposed developments within this zoning overlay district shall apply for a building permit through the City Planning and Permitting Office. The plan review shall include the proposed development’s consistency with the guidelines established in this chapter. If the city staff believes that the project is insufficient, the project will be referred to the Planning and Zoning Commission for approval.
(B) If the project does not receive approval from the Planning and Zoning Commission, the developer may appeal the denial to the City Council.
(Prior Code, § 18.5.15.04) (Ord. 2019-03, passed 3-5-2019)
§ 156.414 CHANGE OF OCCUPANCY AND TEMPORARY VENDING PERMITS.
(A) Effective January 1, 2014, all structures located within the Downtown Overlay District shall be inspected to show the structure meets all state electrical and plumbing requirements whenever a change of occupancy (as defined in the most current building code adopted by the city) occurs or when a temporary vending permit is requested for any area within the structure. Any deficiencies found that threaten the safety of occupants must be rectified in accordance with State Electrical and Plumbing Code requirements before a certificate of occupancy may be issued for a change in use or before a temporary vending permit may be issued. Once a property has been inspected as required by this chapter and found to be in compliance, and any subsequent temporary occupancy from year to year is unchanged, then no further inspection is required as a result of the temporary occupancy. This requirement shall not apply to an application for a temporary vending permit for areas completely outside of the building.
(B) Effective January 1, 2014, all structures located within the Downtown Overlay District shall be inspected, by the City Building Official or designee, whenever a change of occupancy occurs, or a temporary vending permit is requested, to ensure compliance with the requirements of the most current Building Code adopted by the city at § 150.025 and that the structure meets all for structural and mechanical requirements. Any deficiencies found that threaten the safety of occupants must be rectified before a certificate of occupancy may be issued for a change in use or before a temporary vending license may be issued. Once a property has been inspected as required by this chapter and found to be in compliance, and any subsequent temporary occupancy from year to year is unchanged, then no further inspection is required as a result of the temporary occupancy. All property owners shall apply for a review at least 30 days prior to a certificate of occupancy permit or temporary vending permit is desired to be issued. This requirement shall not be necessary if the temporary vending permit is requested for an area completely outside of the building.
(Prior Code, § 18.5.15.05) (Ord. 2019-03, passed 3-5-2019)
Cross-reference:
Adoption of building code, see § 150.025
Statutory reference:
State electrical code, see ARSD § 20:44:22:01
State plumbing code, see ARSD § 20:54:02:01
§ 156.415 DEMOLITION PERMIT.
Before a demolition permit is authorized within the overlay district, the applicant shall also apply for a building permit for a replacement building that complies with this chapter. If construction is not substantially or fully completed within 18 months, no temporary vending permit(s) shall be issued for the entire property until construction is completed.
(Prior Code, § 18.5.15.06) (Ord. 2019-03, passed 3-5-2019)
§ 156.416 PERMITTED USES.
(A) Residential units, either single-family or multi-family shall be permitted uses within the district. The design of new buildings shall coincide with the standards previously described. Residential units shall be allowed on the upper levels throughout the district. Ground floor units shall be allowed on Main Street between Middle and Junction and on Main Street between 2nd Street and 4th Street.
(B) Automotive, motorcycle, ATV and the like dealerships shall be conditionally permitted uses within the district. All proposed dealerships shall have adequate parking and off-street and off-alley service areas.
(Prior Code, § 18.5.15.07) (Ord. 2019-03, passed 3-5-2019)