Sturgis Council passes first reading on two ordinance changes; tables a third regarding noise

STURGIS, S.D. – The Sturgis City Council last night passed first reading on changes to the camping and use on review ordinances and they also tabled taking action on changes to the noise, or nuisance ordinance.

There are several changes being made to the Residential Camping ordinance. Among the changes are limiting temporary residential camping to 21 days in a 365 day period, as well as requiring any residential camping with more than 8 persons on the property for more than three days to obtain a temporary porta-potty and a trash receptacle from the city.

Sturgis Mayor Mark Carstensen says they are not trying to make residential camping illegal.

“I think that, it’s important to try and make it clear that the city council’s intent is to encourage people if they so choose to have camping, just within the restrictions that are given by both state law and what we want to keep as far as our neighborhoods clean and safe.”

Furthermore, City Manager Daniel Ainslie says their intent is to keep people from buying property in Sturgis, not living on it, and using it for camping only.

The ordinance does allow applications for permits which provide relief from the restrictions in the ordinance.

And, there are two changes in Title 18, the procedures for obtaining a Use on Review.

Currently, the Planning Office sends notification letters to neighboring landowners asking if they approve of the proposed use. The change will require sending requests for comment.

“It is proposed that notices would be sent to the property owners as well as residents. That was an issue under the  current language where notices were sent to the property owners and then they were able to vote. This way, the planning commission and the city council are able to hear from both property owners as well as the actual residents,” Sturgis City Manager Daniel Ainslie said.

The proposed change to requests for Zoning Amendments would require neighboring landowners to return their notices with a confirmation or denial of the request. Previously, a “no response” was considered an approval.

Also, the council tabled taking action on first reading of proposed changes to the city’s noise ordinance.

Changes to the noise, or nuisance ordinance include setting a specific time limit on outdoor music.

Of concern to some downtown business owners were proposed restricted times between 11:00 p.m. and 8:00 a.m. Sunday through Friday mornings and 12:00 a.m. to 8:00 a.m. beginning Friday and Saturday night at midnight into Saturday and Sunday morning at 8:00 a.m.

During the Rally, times would be adjusted from 1:00 a.m. to 8:00 a.m.

Mark Bruch with the Loud American Roadhouse, however, was concerned about the times.

“I think most of use try and do a good job of trying to manage this, especially understanding the feeling of the community and council on this. But, in the summer, when it doesn’t get dark until 9:30 at night, you know on the 20th of June, and you’re trying to do an outdoor show, you can’t have a one hour show.”

Bruch worried shutting off music too early would lead to customers leaving their establishment.

The proposed revised ordinance does include a permitting system that allows relief from the noise restrictions. City Attorney Eric Miller says this enables downtown business owners to apply for a permit if there is a large band playing at one of their businesses.

However, the council decided it was best to continue discussion on the topic before passing a first reading.

 

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