Proposed Sidney landscaping ordinance unveiled

New large-scale construction projects in Sidney could be required to install landscaping under an ordinance discussed by the Planning Commission earlier this week.

The ordinance is intended to improve the appearance of the community and create a buffer between business and residential areas of the city, according to Sidney Zoning Administrator Ben Dayton.

The proposed rules were drafted through a joint effort undertaken by the Sidney Tree Board and city staff, including Dayton, Park Superintendent Tom Von Seggern and Public Services Director John Hehnke.

On Monday, the Planning Commission recommended approval of the ordinance, which will now be considered by the City Council.

The rules would apply only to new construction begun after the adoption of the ordinance, substantial expansions – exceeding 1,000 square feet – to existing buildings or significant changes to the use of a property – such as a former retail store being converted to a café.

Single- and two-family dwellings, properties within the City Historic District and property lines abutting railroad rights of way would be exempt.

“It’s going to be for new construction of commercial and large, multi-family buildings – like apartment buildings,” Dayton explained.

The proposed ordinance would require landscaping along the property on all sides and within parking lot islands. A list of recommended shrubs and trees that can survive the region’s climate is also included.

Dayton said the landscaping would create a buffer between developments and provide a visual screen for the general public.

Before obtaining a building permit, a landscaping plan would need to be approved by the city’s public works director, and before obtaining a certificate of occupancy, the landscaping would need to be installed. However, the ordinance could allow developers 180 days to complete landscaping if weather conditions were not conducive to planting or it plant materials were unavailable.

Von Seggern said the current construction taking place throughout the city highlighted the need for an landscaping ordinance. The rules will help create a sustainable tree canopy in the community and improve the look of new developments, he said.

At Monday’s meeting, Commissioner E. Todd Sherlock asked if an applicant could request a variance if for some reason landscaping all four sides of a property wasn’t possible.

City Attorney J. Leef responded the ordinance does have room for adjustability based on specific properties.

“It provides for some cushion,” she said.

Commissioner Casey Cortney asked how the ordinance would be enforced if a property’s landscaping became overrun with weeds and dead grass and bushes.

Dayton explained that if adopted by the City Council, any violation of the ordinance would incur a fine.

“If in violation, it’s $100 per day,” he said, “which is typical for almost all our zoning violations.”

The proposed rules would also prohibit shrubs or trees that obstruct the view of motorists.