§ 94.04 EXEMPTIONS.
   The following areas are exempt from the requirements of § 94.03:
   (A)   Property parcel that is ten acres or larger unless the parcel is commercially or industrially developed;
   (B)   Agricultural land;
   (C)   Garden plants, orchards, vineyards, farm crops;
   (D)   Arboretums, recognized areas for the growth of native grass, flower prairie, prairie grass or similar growth, including but not limited to Eagle Point Nature Society and Hess Cemetery, provided that the owner has been granted an exemption by resolution of the Council, maintains the area free of weeds and there is no safety, health or fire hazard created by permitting the growth; and
   (E)    Hillsides exceeding a two to one slope unless the growth creates a public health or safety hazard.
   (F)   Specially permitted pollinator gardens, which are specified as follows:
      (1)   Built and planted pursuant to a free natural planting area permit issued by the City Clerk’s office or their designee, the application for which shall include:
         (a)   A legibly hand-drawn or computer-generated site plan showing the proposed planting plan.
         (b)   A maintenance plan outlining how the natural area will be managed to ensure the area will not become a nuisance. Maintenance plans must include intended actions to be taken to prevent invasive species, either through lawful chemical applications or weeding, general weeding, and fall mowing.
         (c)   Natural planting area signage with the permit number must be prominently displayed adjacent to the pollinator garden.
      (2)   All applicants, including circumstances where rental property or being sold on contract, shall sign written verification that the applicant understands all code requirements and that applicant agrees to abide by all code requirements. Written verification must be signed by the property owner.
      (3)   Pollinator gardens must use plants native to Iowa or to the Midwest and recommended by the Iowa Department of Natural Resources, such as:
 
Black-eyed Susan
Coneflower, pale purple
Marigold
Blue flag iris
Cow parsnip
Milkweed and butterfly milkweed
Borage aka Starflower
Dahlia
Prairie dropseeed
Bottle brush
Daisy
Snapdragon
Butterfly bush
Foxglove Beardtongue
Spiderwort
Cardinal flower
Goldenrod
Wild Ginger
Columbine
Indian grass
Lavender
 
      (4)   Noxious weeds, such as those listed in Iowa Code § 317, are not permitted in any pollinator garden. Those include, but may not be limited to:
Buckthorn plantain
Hoary Cress
Red sorrel
Buckthorn
Horsenettle
Russian knapweed
Bull thistle
Leafy spurge
Sorghum
Canada cocklebur
Multiflora rose
Spiny plumeless thistle
Canada thistle
Pale dock
Teasel
Common sunflower
Plumeless thistle
Thistle
Curly dock
Poison hemlock
Velvetleaf
Field bindweed
Puncturevine
Wild carrot
Field sowthistle
Quackgrass
Wild mustard
 
      (5)   Planting of any portion of a pollinator garden in the right-of-way is prohibited.
      (6)   Setback requirements:
         (a)   Five-foot buffer strip between property lines.
         (b)   Five-foot buffer strip from the right-of-way.
         (c)   Two-foot buffer strip from a public sidewalk.
         (d)   Three-foot buffer strip from a fire hydrant.
         (e)   Three-foot buffer strip from a transformer.
         (f)   Three-foot buffer strip from a gas riser.
         (g)   Plantings over three feet in height are not permitted.
         (h)   A ten-inch height must be maintained for the two feet adjacent to the buffer strips along the public right-of-way and public sidewalk.
         (i)   Plantings shall not encroach across property lines, into public sidewalks, or public streets or alleyways.
      (7)   Appropriate pollinator gardens will re-seed themselves from year to year. It is expected that pollinator gardens will require two or more years to establish. However, if a pollinator garden is found to be out of compliance, i.e. noxious weeds, improper maintenance, overgrowth across property lines, etc. more than three times, the natural planting area permit shall be revoked and the pollinator garden shall be removed within 30 days thereafter.
(1999 Code, § 54.04) (Ord. 2093, passed 5-11-1999; Ord. 2697, passed 4-26-2022)