§ 98.21 NATURALIZED LANDSCAPE PERMITTED.
   (A)   An owner may maintain a naturalized landscape on property when a land management plan has been approved by the Plan Commission. Application for a land management plan shall be made with the Community Development and Redevelopment Department (“Department”).
   (B)   A land management plan shall include the following information:
      (1)   Statement of intent and purpose for the property;
      (2)   Site plan of the property showing all buildings, paved areas, and location of all existing and proposed landscaping;
      (3)   General description of the vegetation types proposed; and
      (4)   Statement of the management and maintenance techniques to be used.
   (C)   Proposed land management plans will be reviewed and evaluated based upon the following criteria:
      (1)   Compatibility with adjacent properties and street and alley right-of-way;
      (2)   Preservation of existing plant communities;
      (3)   Re-establishment of native plant communities;
      (4)   Limitation of the area of lawn grass;
      (5)   Landscaping and site development which retains storm water run-off;
      (6)   Utilization of plant materials which are well suited to the characteristics of the property; and
      (7)   Elimination of weeds and rank vegetation.
   (D)   When an application for a naturalized landscape has been made, the Department shall schedule a public hearing before the Plan Commission and notify by mail all property owners who adjoin, or are within 400 feet of, the subject parcel. The Department may reasonably require mail notice to be given to additional persons. Notice of the public hearing shall be published at least ten days before the date of the hearing. The applicant shall pay all publication and notification costs.
   (E)   A land management plan may be modified or revoked, after notice and hearing before the Plan Commission, for failure to adhere to the criteria listed in division (C) above and any conditions placed upon the property by the Plan Commission during the approval process.
   (F)   A land management plan may be modified or revoked, after notice and hearing before the Plan Commission, upon petition executed by three or more property owners entitled to mail notice set forth in division (D), upon a showing by said property owner that there has been a failure to adhere to the criteria listed in division (C) above or any conditions placed upon the property by the Plan Commission during the approval process, or upon a showing that:
      (1)   The land management plan will be injurious to the public health, safety, morals or general welfare of the community or neighborhood; or
      (2)   The use and value of the area adjacent to the property or within a sight line to the land management plan area will be affected in a substantially adverse manner.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 20-C-14, passed 7-29-14)