(A) The standards and criteria contained within this chapter are deemed to be minimum standards and shall apply to all new commercial and residential construction or redevelopment of commercial and residential property occurring within the city. Developed properties shall comply with the protection requirements of this chapter when removing protected trees. Additionally, any use requiring a Specific Use Permit must comply with these landscape standards, unless otherwise specified. The Building Official, or his designee shall administer the provisions of this section. The landscape standards in this chapter shall apply to all commercially zoned districts including but not limited to: B1, B2, Ll and PD, and all residentially zoned districts including but not limited to: R-1, R-2, R-3, R-4, R-4A, R-5, R-6A, R-6B, R-6C, R-6D, MF-1, MH-1, R-DP, R-TH, CD-1.
(B) If at any time after the issuance of a certificate of occupancy or the final inspection, the approved landscaping is found to be in nonconformance to the standards and criteria of this chapter, the Code Enforcement Officer (or his designee) may issue a notice to the owner, citing the violation and describing what action is required to comply with this chapter. The owner, tenant or agent shall have 30 days from the date of said notice to restore the landscaping as it was approved in the site plan. For properties developed prior to this chapter, removal of protected trees without complying with this chapter shall be treated the same as failure to maintain property in compliance with an approved site plan. If the landscaping is not restored within the allotted time, such person shall be in violation of this chapter.
(Ord. O-2005-013, passed 9-13-05; Am. Ord. O-2011-002, passed 1-11-11)