(A) Findings and purpose.
(1) Findings. The city finds that traditional turf grass lawns require large amounts of water, fertilizers and chemical pest controls to maintain. Using large amounts of water to maintain lawns threatens the city’s groundwater supply while fertilizers and chemical pest controls pollute our lakes, rivers and streams. Alternative landscape techniques have significant advantages over turf grass, specifically:
(a) Native vegetation requires less moisture, fertilizers, and pesticides and places less stress on the public’s water resources. Native vegetation also provides food and habitat to wildlife.
(b) Rain gardens filter and infiltrate stormwater, thereby protecting surface water from polluted runoff and recharging groundwater resources.
(c) Producing foods locally:
1. Increases local food security;
2. Addresses global warming by reducing fossil fuel use in transportation of foods; and
3. Addresses the obesity epidemic by insuring access to healthy, fresh foods.
(2) Purpose. The purpose of this section is to prohibit the uncontrolled growth of vegetation, while encouraging the planting and maintenance of native vegetation, edible landscapes, and rain gardens. There are reasonable expectations regarding the proper maintenance of vegetation on any lot or parcel of land. Providing standards regarding the maintenance of vegetation and encouraging diverse landscaping meets the following goals of the city’s comprehensive plan:
(a) Create and maintain attractive and safe neighborhoods;
(b) Restore the city’s native vegetation;
(c) Encourage the local food production system; and
(d) Protect and improve the city’s surface waters through increasing on-site infiltration in existing developed areas.
(B) Applicability. This section applies to lots in residential zoning districts or residential lots in mixed use districts, commercial and industrial districts. A conditional use permit shall be required for native grass and forbs sites or rain gardens which are over ½ acre in size, in all districts.
(C) Landscape regulations.
(1) Plants allowed. Ornamental plants; native forbs and grasses; or vegetable and fruit bearing plants are allowed in the landscape area, but they must be planted pursuant to a design. The design must either be created by a professional landscape designer or be consistent with Model Community Soil and Water Conservation District (SWCD) standards.
(2) Restoration and establishment of native plant communities. Restoration or establishment of native plant communities is allowed in the back yard. Restoration projects should be consistent with the Minnesota DNR’s brochure, How to Use Native Plants for Landscaping and Restoration in Minnesota.
(3) Landscape area and setbacks. Ornamental plants; native forbs and grasses shall be allowed only in rear and side yards with a minimum of 5 foot setback from the property line. Native forbs and grasses shall not be planted adjacent to a public roadway. Native forbs and plantings shall be prohibited in easements, boulevards, and within the site triangle. Planting shall not impede drainage. The setback may be reduced to 0 feet if:
(a) A fence is installed adjoining the landscape area; or
(b) The planted area abuts:
1. A restored area on any adjoining lot;
2. A public park or open space; or
3. A wetland, pond, lake, stream, or natural area; or
(c) The landscape area is located on a slope equal to or greater than 3 feet horizontal to 1 foot vertical (3:1).
(4) Composition of setback area. The setback area required by division (D)(3) of this section shall be composed of rock, gravel, wood chips, regularly mowed turf grass or a groundcover below 8 inches in height.
(5) Locations encouraged. Native plantings and forbs are encouraged around ponds, wetlands and on slopes. Native plantings are also encouraged on landscape areas with slopes equal to or greater than 3 feet horizontal to 1 foot vertical (3:1).
(D) Rain gardens.
(1) Rain garden location. Rain gardens are allowed in side and back yards, but must conform with the setback requirements specified in divisions (D)(3) and (D)(4).
(2) Construction. Rain gardens should be constructed consistent with the document Rain Gardens: A How-to Manual for Homeowners, available from the Minnesota DNR.
(E) Maintenance of landscaping. The owner, agent, or lessee of any real property located within the city must provide regular weeding, pruning, and other maintenance of all plantings located on said private property. Plant materials which exhibit evidence of pests, disease, or damage shall be appropriately treated, and dead plants shall be removed or replaced. All native plantings must be maintained either by removing weeds, mowing, or city approved and permitted burning.
(F) Violation.
(1) Unattended vegetation. Every owner and responsible party who fails to keep private property clear of unattended vegetation is in violation of this section and subject to the remedies and enforcement specified herein.
(2) Prohibited vegetation. Every owner and responsible party is in violation of this section and subject to the remedies and enforcement specified herein if they fail to keep their private property clear of vegetation that:
(a) Presents a fire hazard;
(b) Attracts or harbors disease vectors;
(c) Obstructs sight lines for the traveling public on streets or alleys; or
(d) Includes noxious weeds or secondary noxious weed as identified by the State Commissioner of Agriculture pursuant to M.S. § 18.171, subd.5.
(G) Non-conforming landscape areas. Any planned landscape area or restoration area which lawfully existed prior to the effective date of this section may continue to exist, but shall comply with divisions (F) and (G) of this section. Any expansion or addition to a non-conforming planned landscaped area or restoration area shall comply with all provisions of this section.
(Ord. 2015-13, passed 12-7-2015; Am. Ord. 2021-08, passed 8-2-2021)