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Sturgis City Zoning Code

LANDSCAPE REGULATIONS

§ 156.450 PURPOSE AND OBJECTIVE.

   (A)   The purpose and objective of this subchapter is to provide for the orderly, safe and healthful development of the area within the city in order to establish requirements of the installation and maintenance of landscape elements and other means of site improvements in off-street parking areas and other developed properties.
   (B)   The justification for such regulations is as follows:
      (1)   To aid regulating and controlling vehicular and pedestrian circulation in parking areas;
      (2)   To enhance the environmental and aesthetic conditions which exist in the Black Hills area;
      (3)   To protect and preserve the value of the property;
      (4)   To reduce the amount of stormwater runoff from paved areas:
      (5)   To reduce heat and noise, wind and air turbulence and the glare of automobile lights:
      (6)   To reduce the level of carbon dioxide and return pure oxygen to the air; and
      (7)   To reduce the glare of sunlight from parking lot pavements.
(Prior Code, Title 18, Art. IX, § 1) (Ord. 1999-07, passed 4-30-1999)

§ 156.451 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESS-WAY. A paved area intended to provide ingress and egress of vehicular traffic from public right-of-way to an off-street parking area or loading area.
   ADJACENT. An area where the property lines are contiguous or are separated by a street, alley, easement or right-of-way.
   BERM. A mound of dirt used for screening or landscaping purposes which is planted with low-lying shrubs or ground cover so as to prevent erosion.
   BUFFER. A visual screen, composed of masonry, wood or plantings or a combination thereof which will be a minimum of 80% opaque.
   FRONTAGE. Lineal distance measured along all abutting street right-of-way.
   GROUND COVER. Low-growing plants planted in such a manner as to form a continuous cover over the ground.
   LANDSCAPING OR LANDSCAPE MATERIAL. Trees, shrubs, ground cover, vines, grasses, earthen berms or any combination thereof, installed in planting areas for the purpose of fulfilling the requirements of these regulations.
   LIVING PLANT MATERIAL. All perennial plants and grass.
   PARKING LOT. Any lot which is paved or unpaved for which any development, alteration or demolition has taken place and year around parking is permitted. Said LOT may or may not facilitate a structure.
   RECONSTRUCTION. Rehabilitation or replacement of structure or structures on property, which either have been damaged, altered or removed.
   STREET LINE. The line limiting the right-of-way of the street and being identical with the property line of persons owning property fronting on the street.
   SUBSTANTIAL IMPROVEMENT. Any alteration or improvement to property which is equal to or more than 5% of the current property valuation as listed with the County Equalization Office.
   UNIMPROVED OR UNPAVED LOT. Any vacant lot which is utilized for any purpose, including, but not limited to, the following: storage of vehicles and/or materials; vending; selling of goods of any kind; and distribution of goods of any kind.
(Prior Code, Title 18, Art. IX, § 2) (Ord. 1999-07, passed 4-30-1999)

§ 156.452 APPLICABILITY.

   (A)   The requirements and standards for the installation and maintenance of landscape elements, as set forth herein, shall apply to all areas within the city which have been rehabilitated, demolished, altered, remodeled or substantial improved and are located in the following zoning districts: Industrial, Highway Service, Commercial, Multifamily, Office Commercial/Residential or in any area where a parking lot abuts against a street right-of-way or a residential zoned area.
   (B)   Exception: Main Street running from Middle Street to Fourth Street shall be exempt from the requirements of this subchapter.
(Prior Code, Title 18, Art. IX, § 3) (Ord. 1999-07, passed 4-30-1999)

§ 156.453 REQUIRED AMOUNT OF LANDSCAPE MATERIAL.

   The amount of landscape material required shall be as follows.
   (A)   In large parking lots or parking areas of 100 or more spaces, interior planting areas shall be provided at the ratio of one such area for every 25 parking spaces. Each planting area shall contain a minimum of 200 square feet of living plant material which is perennial in nature. If no structures are existing in conjunction with said lot, there shall be not less than 5% of the lot put into living landscape material in addition to the interior plantings.
   (B)   All areas for parking which have 99 or fewer parking spaces shall provide landscaping (living plant material) on the perimeter, which is equal to or greater than 10% of the overall lot area.
   (C)   In all cases, lots utilized for parking shall be hard surfaced of either concrete or asphalt pavement.
   (D)   All unimproved or unpaved lots within the above stated zoning districts which are used for other than parking shall provide a minimum landscaped area in the amount of not less than 10% of the total lot area if structures are not constructed on the parcel. All landscaping shall be living plant material. If a structure is erected on the property, other provisions in this subchapter will apply.
   (E)   On all properties other than those listed above, a minimum of 10% of the property shall be covered by living plant material which has been approved by the City Planning Committee.
(Prior Code, Title 18, Art. IX, § 4) (Ord. 1999-07, passed 4-30-1999)

§ 156.454 GENERAL REQUIREMENTS; INSTALLATION.

   (A)   Unless otherwise permitted by the City Planning Commission and/or Council, all landscape material shall be located in the required front yard of the lot in question.
   (B)   All living plant material shall be selected from the City Parks Department plantings booklet unless otherwise approved by the Urban Forestry Committee.
   (C)   All required landscaping shall be installed as per plans, which shall be submitted to the Planning Commission for approval.
   (D)   All landscaping shall be installed in a sound, workmanlike manner and according to accepted good planting procedures.
   (E)   The following minimum standards shall be observed.
      (1)   Deciduous trees. Trunk diameter shall be one and one-half inches at the time of planting.
      (2)   Evergreen trees. Trees shall be four feet in height at the time of planting.
      (3)   Shrubs. Shrubs shall be one foot in height at the time of planting.
      (4)   Ground cover. Ground cover shall be planted in such a manner as to present a finished appearance within a reasonable time not exceeding one year from time of planting.
      (5)   Grass. Grass areas shall be planted in species normally grown as permanent lawns within the area and shall present a finished appearance within a time period not exceeding one year from date of planning.
   (F)   Synthetic or artificial lawns or plants shall not be used in lieu of plant requirements.
   (G)   Trees and shrubs shall be chosen from a list of plant material recommended by the local Urban Forestry Board.
   (H)   If at the time of final inspection, all the requirements of these regulations have not been completed in satisfactory manner, a certificate of occupancy shall not be issued unless the builder or owner has provided a monetary security guarantee.
(Prior Code, Title 18, Art. IX, § 5) (Ord. 1999-07, passed 4-30-1999)

§ 156.455 SITE DISTANCE FOR LANDSCAPING ADJACENT TO PUBLIC RIGHTS-OF-WAY.

   (A)   When an access-way intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangle areas described herein shall provide unobstructed cross visibility at a level between three feet and six feet; provided, however, that trees having limbs and foliage are trimmed in such a manner that no limbs or foliage extend into or across the visibility area shall be allowed, provided they are so located and are of such a size so as to not create a traffic hazard.
   (B)   A 25-foot site triangle is required on both sides of an access-way formed by the intersection and the access-way and the public right-of-way. A 30-foot site triangle is required at a corner by the intersection of two or more public rights-of-way.
(Prior Code, Title 18, Art. IX, § 6) (Ord. 1999-07, passed 4-30-1999)

§ 156.456 SECURITY GUARANTEE.

   (A)   If at the time of final inspection, all the requirements of the landscape regulations are not completed in a satisfactory manner and approved by the Building Official or his or her designee, a certificate of occupancy shall not be issued unless the builder or owner has provided a monetary security guarantee or bond in an amount equal to the estimated cost of installation of the required improvements whereby the improvements will be made and installed without cost to the city in the event of default of the owner.
   (B)   If a security guarantee is being used, the required improvements shall be installed within nine months from the date of issuance of an occupancy certificate. All required landscaping should be installed as per plans submitted. The City Attorney shall approve all bonds and other methods of guarantee.
(Prior Code, Title 18, Art. IX, § 7) (Ord. 1999-07, passed 4-30-1999)

§ 156.457 EXCEPTIONS.

   (A)   The City Council shall have the power to grant variances in special cases where there are unusual and practical difficulties or unnecessary hardships created in meeting the requirements of these regulations.
   (B)   The guidelines to be used in determining whether a variance should be granted are as follows:
      (1)   The hardships or difficulties of meeting the requirements of these regulations are peculiar to that property and not general in character; and
      (2)   Financial hardship due to meeting the requirements of these regulations is not sufficient to show unnecessary hardship unless the financial difficulties amount to confiscation of property.
(Prior Code, Title 18, Art. IX, § 8) (Ord. 1999-07, passed 4-30-1999)

§ 156.458 MAINTENANCE.

   The owner of the building or his or her manager or agent shall be responsible for the maintenance of all landscape areas which shall be maintained so as to present a healthy, neat and orderly appearance at all times and shall be kept free from refuse and debris. Maintenance shall include the replacement of all dead plant material. In no case shall a landowner maintain less than 10% of the property with living plant material.
(Prior Code, Title 18, Art. IX, § 9) (Ord. 1999-07, passed 4-30-1999)

§ 156.459 PLAN APPROVAL.

   (A)   Although it is not required, it is recommended that a landscape architect or person of related profession prepares the plan.
   (B)   Two copies of the plans showing proposed landscape development shall be submitted to the Building Official at the time a building permit is required. Such plan shall consist of a plot plan drawn to scale normally of not less than one inch equals 30 feet, including dimensions and distances and clearly delineating any existing and proposed landscape development. Such plot plan shall also include drawings of the entire off-street parking area and the locations of the proposed building.
   (C)   In addition to indicating those areas to be landscaped, the plot plan shall indicate the types, locations and sizes of all landscaping materials to be used.
   (D)   This plan must be approved by the Planning Commission prior to issuance of a building permit.
(Prior Code, Title 18, Art. IX, § 10) (Ord. 1999-07, passed 4-30-1999)

§ 156.460 ENFORCEMENT.

   These regulations shall be a minimum standard and shall apply to the incorporated area of the city. The Building Official or his or her designated representative shall be the enforcing official.
   (A)   The enforcing official is charged with the duty of administering the provisions of these regulations and securing compliance within. The enforcing official shall have the following responsibilities:
      (1)   To make such inspections as may be necessary to accomplish the purposes and intent of these regulations and to initiate appropriate action to bring about compliance with these regulations; and
      (2)   To order in writing as set out in the regulations the remedy of all conditions or violations of these regulations found to exist in or on any premises.
   (B)   The enforcing official is authorized and directed to lawfully enter in or upon all premises at reasonable times to determine their condition insofar as the provisions of these regulations exists, and he or she shall take action as follows:
      (1)   Give written notice of the violation to the management agent or the owner of the property as shown by the records at Director of Equalization Office; and
      (2)   The notice shall include:
         (a)   A description of the location of the property involved, either by address or by legal description;
         (b)   A statement indicating the nature of the violation and reason or reasons why the notice of the violation is being issued;
         (c)   A specification of the section of sections of these regulations upon which the notice of violations is based;
         (d)   A general description of the things that are required to be done to bring the premises into compliance with the provisions of these regulations; and
         (e)   The notice shall state that the property owner will have 15 days to comply with the notice or appeal the decision to the City Legal and Finance Committee.
(Prior Code, Title 18, Art. IX, § 11) (Ord. 1999-07, passed 4-30-1999) Penalty, see § 156.999

§ 156.461 DESIGN CRITERIA STANDARDS.

   (A)   Trees used in parking lots should be placed far enough back from the curb to accommodate the overhang of the automobile.
   (B)   When planters used in parking lot interiors, a surface area should be made available for aeration and water infiltration of at least 25 square feet per tree. This will help ensure that the tree remains healthy and vigorous.
   (C)   If possible, the parking lot should be located to the rear or side of the building. This will reduce visual clutter and confusion along the street and open a better view to the building.
   (D)   Curb or some form of physical barrier should be installed around plant material located within the parking lot. This will reduce the possibility of damage to the plant material.
(Prior Code, Title 18, Art. IX, § 12) (Ord. 1999-07, passed 4-30-1999)