A. Purpose: The purpose of this section is to establish minimum standards for lawn and yard maintenance while recognizing that a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Turf grass lawns continue to be recognized as the dominant feature in the landscape; however, alternatives to this traditional type of lawn are recognized as important parts of a diverse and successful landscape.
B. General Maintenance Requirements:
1. The owner or occupant of any lot or parcel shall install and maintain turf grass or combined ground cover of cultivated vegetation, garden, hedges, trees and shrubbery. All plants shall be alive, of good quality, and disease free or shall be replaced or removed unless dormant due to season or exceptional weather conditions.
2. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance of the property on which located and thereby the appearance of the neighborhood and the City.
3. The owner or occupant of any lot or parcel shall be responsible for lawns and the boulevard portion of the public right-of-way to be maintained to a height not to exceed eight inches (8").
C. Irrigation:
1. Properties within agricultural and residential zoning districts established by section 11-50-1 of this Code developed after April 27, 2009, with two-family, townhouse or multiple- family dwelling units or institutional uses shall provide an exterior in ground irrigation system within the property and the boulevard portion of the public right-of-way abutting the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished.
2. Properties within business, industrial and institutional districts established by section 11-50-1 of this Code developed after April 27, 2009, shall provide an exterior in ground irrigation system within the property and the boulevard portion of the public right-of-way abutting the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished.
D. Prohibited Plants:
1. The owners and occupants of all property within the City shall destroy all of the following plants listed on the prohibited noxious weeds list established by Minnesota Statutes sections 18.75 to 18.88 and Minnesota Rules parts 1505.0730 to 1505.0760, which include the following:
Bull thistle, Cirsium vulgare.
Canada thistle, Cirsium arvense.
Field bindweed, Convolvulus arvensis.
Garlic mustard, Alliaria petiolata.
Hemp, Cannabis sativa.
Leafy spurge, Euphorbia esula.
Musk thistle, Carduus nutans.
Perennial sowthistle, Sonchus arvensis.
Plumeless thistle, Carduus acanthoides.
Poison ivy, Toxicondendron radicans (native species to Minnesota).
Purple loosestrife, Lythrum salicaria, virgatum.
2. Any property subject to subsection B of this section containing dead or diseased plants, secondary noxious weeds as established by Minnesota Rule 1505.0740, or undesirable plants or turf grass growing to a height in excess of eight inches (8") shall be in violation of the provisions of this section and deemed a nuisance.
E. Boulevard Plantings. A property owner in the City shall be permitted to plant and maintain the boulevards abutting the front lot line of their property along local streets defined by the Comprehensive Plan in accordance with the provisions of this section.
1. No boulevard shall be planted without written documentation that the property owner has contacted "Gopher State One Call" to determine location of sewer and water mains, laterals and service, and other underground utility lines forty eight (48) hours before digging.
2. No deciduous or coniferous trees shall be planted within the public right-of-way between the curb or street surface and the front lot line of abutting properties or within the roadway easement. Trees installed prior to October 10, 2022 shall be maintained to provide a minimum fourteen feet (14') of clearance for the nearest vehicle lane on a public street and eight feet (8') of clearance along public sidewalks.
3. Plantings other than trees shall be allowed provided that:
a. Plantings may include flowers, vegetables and other plants, but in no event shall any noxious weed be planted or maintained.
b. Plantings may not exceed thirty six inches (36") in height. Plantings within thirty feet (30') of any intersection (as measured from the property line) or within twenty feet (20') of any alley, or driveway approach (as measured from the end of the radius or within five feet (5') of a public utility fixture or street curb) may not exceed twelve inches (12") in height.
c. Plantings shall be limited to twelve inches (12") in height within ten feet (10') of the curb on street sections that do not have parking lanes or along street sections where "no parking" restrictions of any kind apply.
4. Plantings shall be maintained in such a way that there is no overhang or encroachment onto the sidewalk, curb, or street surface.
5. Notwithstanding the foregoing, all boulevards remain public property and are subject to the right of the City to restrict any plantings and/or private irrigation systems that are deemed to interfere with the use of the public right-of-way as determined necessary by the City or which affects the safety of pedestrians and motorists alike:
a. The City and other right-of-way users allowed by title 8, chapter 6 of this Code shall have the right to perform necessary work to plant, trim and otherwise maintain trees, to access utilities and to store excess snow.
b. In the event the City or other right-of-way user interferes with boulevard plantings or private irrigation in the course of such work, they shall be responsible only to restore the boulevard to the original grassy state by use of black dirt and grass seed.
c. In no event shall the City or other right-of-way user be liable for any damage to, disruption of or removal of plantings, either direct or indirect, as a result of the City, its employees, agents or contractors performing any installation, maintenance or repairs.
F. Natural Landscaping: Any owner or occupant of a lot or parcel within the R-4A, R-4, R-5, R-6, R-7 or R-MH District established by title 11 of this Code that is subject to subsection B of this section desiring natural landscaping, as defined in section 5-2-1 of this chapter, may apply for a natural landscaping permit, where native grasses and forbs may exceed eight inches (8") in height, subject to the review and approval by the Zoning Administrator; provided, that:
1. Submission Of Application: An application for a natural landscaping permit shall be submitted on the form provided by the City and shall include the required application fee established by section 3-1-2 of this Code and the following information:
a. Statement of intent and purpose in cultivating natural landscaping.
b. A site plan drawn to scale illustrating the following information:
(1) Lot lines.
(2) Location of principal and accessory buildings.
(3) Any drainage and utilities easements upon the property.
(4) Boundaries of wetlands, wetland buffers, required buffer yards, stormwater basins, drainageways or public waters within the property.
(5) Location of the proposed natural landscaping.
c. Latin and common names of the species the property owner or occupant plans to cultivate.
d. Name and address of a professional landscaping company which has been hired to perform maintenance on the natural landscaping; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the natural landscaping.
e. A maintenance plan, which shall contain the following:
(1) Planting diagram showing the location and mature height of all specimens of natural landscaping; and
(2) Detailed information on the upkeep of each specimen; and
(3) Details of any long term maintenance required for natural landscaping; and
(4) Other information as may be required by the Zoning Administrator.
2. Maintenance Of Setbacks And Drainage Swales:
a. Natural landscaping shall be set back ten feet (10') from any lot line abutting a public right-of-way and five feet (5') from interior side and rear lot lines.
b. All stormwater basins and drainage swales shall be free of plantings and maintained in accordance with subsections B and C of this section.
c. In addition, a five percent (5%) area, exclusive of the setback area, shall be left open for maintained paths.
3. Review And Approval Requirements:
a. The Zoning Administrator shall review the natural landscaping permit list of all registered natural landscaping properties within thirty (30) days of the submittal and notify in writing the owner or occupant of any noncompliance with this subsection.
b. The Zoning Administrator shall approve no natural landscaping for any owner or occupant having unresolved City Code violations or administrative citations.
4. Enforcement:
a. The Zoning Administrator shall regularly inspect any property holding a natural landscaping permit for compliance with the maintenance plan on file with the City.
b. Any property out of compliance with the maintenance plan shall be subject to enforcement action as provided in subsection I of this section.
G. Composting: Composting shall be allowed on agricultural properties, properties where there is a single-family detached dwelling or on property owned or operated by the City as an essential service in conformance with the following standards:
1. Permitted Composting Materials: Only yard waste, straw, fruit, vegetable scraps, coffee grounds or egg shells generated on the site are permitted composting materials as well as commercially available ingredients specifically designed to speed up or enhance decomposition and can be placed in the composting structure.
2. Prohibited Composting Materials: The following materials shall not be placed in the composting structure: woody yard waste, meat, bones, fat oils, whole eggs, dairy products, unshredded branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet wastes, diseased plants, or any other garbage or refuse except those permitted in subsection G1 of this section.
3. Composting Structure: All composting materials shall be contained in a structure constructed of wood, wire mesh, a combination of wood and wire or in commercially fabricated compost bins designed to contain composting materials subject to the following:
a. Allowance Per Lot: One composting structure shall be allowed per lot.
b. Volume: Composting structures shall not exceed a total of three hundred (300) cubic feet in volume.
c. Location:
(1) The composting structure shall be located in the rear yard of the property as defined by the zoning ordinance.
(2) The composting structure shall comply with setbacks applicable to the property for accessory structures established by the zoning ordinance.
(3) The composting structure shall be a minimum of forty feet (40') from any habitable building on abutting properties.
4. Maintenance: Standard compost management shall be used to enhance rapid biological degradation of the material to prevent combustion and objectionable odors, including aeration, adding moisture and providing a balance of composting materials.
5. Noncompliance A Nuisance: The composting or operation of composting structure in a manner that is not compliant with the provisions of this subsection G or that results in objectionable odors shall be a public nuisance and a violation of this chapter. (Prior Code § 5-7-3)
H. Exceptions:
1. Fence lines and open pastures within agricultural zoning districts defined by section 11-50-1 of this Code or other properties being actively farmed shall be exempt from the provisions of subsection B3 of this section.
2. Outlots platted within subdivisions zoned R-C Residential Rural Open Space Cluster District and designated as permanent open space in accordance with section 11-60-7 of this Code shall be exempt from the provisions of subsection B3 of this section. (Prior Code § 5-7-3; amd. 2018 Code)
3. Outlots and undeveloped parcels shall comply with the following:
a. The outlot or undeveloped parcel(s) shall be planted with a seed mixture approved by the Zoning Administrator and maintained to prevent growth of noxious weeds prohibited by subsection D1 of this section.
b. For an outlot or undeveloped parcel(s) consisting of:
(1) A contiguous tract of less than one acre shall be exempt from subsection B3 of this section and shall be maintained to a height not to exceed twelve inches (12"); provided, that a physical barrier exists to separate the parcel from adjacent properties.
(2) A contiguous tract of one acre or more shall be exempt from subsection B of this section if a physical barrier exists to separate the parcel from adjacent properties.
(3) A transition strip of land measuring ten feet (10') on that property that is maintained in compliance with subsection B3 of this section is required next to the abutting properties if a physical barrier separating the properties does not exist.
c. For the purposes of this chapter, a physical barrier shall meet one of the following criteria:
(1) The properties are separated by a public right-of-way, wetland, water body, floodplain, public open space, park or other such similar publicly reserved and development restricted area with a minimum width of thirty feet (30') across its entire length.
(2) The abutting land use is a nonresidential use allowed in the district in which it is located.
d. The Zoning Administrator may, at his discretion, provide additional exceptions from the requirements of subsection B3 of this section where the physical characteristics and conditions of the outlot or undeveloped parcel(s) make property maintenance prohibitive or where such actions may result in erosion.
4. Any privately or publicly owned land encumbered by a stormwater basin, drainageway, wetland, wetland buffer or public water shall be exempt from subsection B of this section.
5. Parks, natural areas and other properties owned by the City shall be exempt from this chapter.
6. Public rights-of-way maintained by the State, County or City shall be exempt from subsection B of this section.
7. Natural landscaping approved in accordance with subsection F of this section.
I. Enforcement:
1. On or before May 15 of each year and at such other times as ordered by resolution of the City Council, the City Clerk shall publish once in the official newspaper a notice directing owners and occupants of property within the City to destroy all plantings declared by subsection D of this section to be a nuisance and stating that if not destroyed within ten (10) days after publication of the notice, the City may act to abate the nuisance.
2. If the owner or occupant of any property in the City fails to comply with an administrative notice issued in accordance with section 1-5-3 of this Code for a property maintenance violation of this chapter within ten (10) days after its issuance, the Zoning Administrator shall order cutting and/or removal of such weeds and maintain a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Clerk. (Prior Code § 5-7-3; amd. Ord. 2022-16, 10-10-2022)