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(B) (1) Whenever it shall be determined by the Zoning Administrator that any sign or sign structure has been constructed or erected or is being maintained in violation of the terms of this chapter or has been abandoned, said sign or sign structure is hereby declared to be unlawful.
(2) Any sign or sign structure found to be unlawful shall be made to conform to all applicable laws and regulations or shall be removed at the expense of the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(C) (1) The Zoning Administrator may cause to be removed any unlawful sign or sign structure. The city shall prepare a written notice which shall describe the sign and specify the violation involved and shall state that if the sign is not removed or the violation or condition is not corrected within 30 calendar days from the date of the notice, the sign shall be removed in accordance with the provision of this chapter at the expense to the sign owner or landowner (if the sign owner is unknown and reasonable efforts have been made to locate the sign owner with no success).
(2) Service of the notice shall be made upon the sign owner and landowner by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested. If service is made upon the landowner, service shall be to the landowner at their address as it appears on the last equalized assessment role of the county.
(3) Any person receiving notice may challenge the determination of the Zoning Administrator. The person(s) receiving the initial notice will have 14 days to file a written notice of appeal to the Board of Adjustments. Failure by any person to appeal the notice within that time period shall constitute a waiver of right to an administrative hearing.
(4) The sign owner or landowner, if the sign owner is unknown, shall have 90 days to remove advertisements for establishments that are no longer in business.
(Ord. passed 2-3-2011, § 2.30.100)
Upon making application for a sign permit, said applicant shall pay the applicable fee as set forth in the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution.
(Ord. passed 2-3-2011, § 2.30.110)
LANDSCAPING AND BUFFERING REQUIREMENTS
(A) The purpose of these regulations is to provide for the orderly, safe, healthful, and aesthetic development of the city and to promote the health, safety, and general welfare of the community.
(B) The objectives of these regulations are as follows:
(1) To aid in regulating and controlling vehicular and pedestrian circulation in parking areas;
(2) To enhance the environmental and aesthetic conditions of the community;
(3) To protect and enhance the value of property and to provide wildlife habitat; and
(4) To reduce heat and noise, wind and air turbulence, and the glare of sunlight and vehicle lights, erosion, and air pollution.
(Ord. passed 2-3-2011, § 2.32.010)
Landscaping conforming to the standards set forth in this section shall be required in the following districts:
(A) All residential districts;
(B) All commercial districts;
(C) All industrial districts; and
(D) All planned developments.
(Ord. passed 2-3-2011, § 2.32.020)
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BERM. An earthen mound designed to provide visual interest, screen undesirable views, and /or decrease noise.
CALIPER. Diameter of a tree trunk. The term CALIPER is used for trees less than 12 inches in diameter. For trees less than four inches in diameter, it is measured six inches from the ground. For trees between four inches and 12 inches in diameter, it is measured 12 inches from the ground.
CITY DEPARTMENT. Any and all departments of the city.
DBH (DIAMETER AT BREAST HEIGHT). The term DBH is used for trees with a diameter greater than 12 inches and is measured four and one-half feet above the ground.
DECIDUOUS. A plant with foliage that is shed annually.
DEVELOPED AREA.
(1) The area of a lot that is disturbed for the purpose of developing structures, parking facilities, loading or storage areas, paved access to off-street parking or loading areas or other areas paved with an all-weather material, or landscaped areas.
(2) For the purpose of calculating landscape points, it may be submitted in the form of the legal description of the property, or a scaled, dimensioned, and well defined area of development that is referenced on the site plan.
DEVELOPER. The legal or beneficial owner of a lot or parcel or any land proposed for development and/or inclusion in a development, including the owner of an option, contract to purchase or lease.
EVERGREEN. A plant with foliage that persists and remains green year-round.
GROUNDCOVER. An evergreen or deciduous planting less than 24 inches in height. Turf grass is excluded.
IRRIGATION SYSTEM. A permanent underground piping and sprinkler head system designed using industry standard methods to provide uniform irrigation coverage over a landscaped area.
LANDSCAPE ARCHITECT.
(1) A person registered to practice landscape architecture as provided by the State Board of Technical Professions.
(2) LANDSCAPE ARCHITECTURE means the performance of professional services such as planning, design, preparation of construction drawings and specifications, including the design and layout of roadways, service areas, parking areas, walkways, steps, ramps, pools, the location of buildings and other structures, and the grading of land, surface, and subsoil drainage, erosion control, planting reforestation, and the preservation of the natural landscape, in accordance with accepted professional standards.
LANDSCAPE BUFFER. A combination of living vegetation, such as trees, shrubs, grasses, or ground cover material planted or transplanted and maintained.
LANDSCAPE DESIGNER. Any person submitting a landscape plan who is not a licensed landscape architect, architect, or engineer, shall be “limited to consultation and preparation of plans and specification with respect to choosing types of plants and planning the location thereof.”
LANDSCAPE PLAN. The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural and human-made features such as plantings, ground and water forms, circulation, walks, structures, and other features to comply with the provisions of this chapter.
LANDSCAPED AREA. Any area that contains trees, shrubs, and/or groundcover that have been claimed for point credits.
MULCH. An organic material such as seed hulls, pine needles, or tree bark used to control weed growth, reduce soil erosion, and reduce water loss.
PARKING LOT. Any off-street, unenclosed ground level facility used for the purpose of temporary storage of motor vehicles. Enclosed parking facilities, such as single or multi-story garages or parking facilities constructed within the confines of a larger building or structure, or parking facilities associated with single-family and duplex residential development are not included within this definition.
PARKING LOT PLANTING. Plantings of hardy trees, shrubs, and/or ground cover required due to the construction of impervious surface parking to be planted within and/or around the perimeter of the parking lot area, excluding parking garages, decks, and covered parking.
PARKING LOT ISLAND. A planting island contained completely within the confines of a parking lot.
PARKING PENINSULA. A planting island that extends out into the parking area and is bounded on at least one side by the outer edge of the paving or a building.
PLANTING PLAN. The preparation of graphic and written criteria of plant placement, plant specification of type, size, and spacing, and other features to comply with the provisions of this chapter.
PLANTING SEASON. The most favorable time to plant trees in the city.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such RIGHT-OF-WAY and not included within the dimensions or areas of such lots or parcels.
SIGHT-PROOF FENCE. A solid opaque fence or wall that is a minimum of six feet in height and is made of wood, masonry, decorative metal, or other suitable material in compliance with the Building Code.
SIGNIFICANT TREE. Any existing tree with a caliper of six inches or greater that is determined to be in good health by a qualified professional (i.e., Urban Forester, Certified Arborist) following guidelines established by the International Society of Arboriculture.
SHRUB. A living self-supporting woody deciduous or evergreen species no less than eight inches in height, and no greater than 15 feet in height, which will remain full and attractive throughout the year.
SPECIMEN TREE. A particularly special example of a species because of its size, age, habit, or any trait that either epitomizes the character of species or makes the tree an unusual example of its species.
TREE. A living self-supporting woody or evergreen plant that normally grows to a minimum height of 15 feet, and which has one or several self-supporting stems or trunks and numerous branches.
TREE CLASSIFICATION TERMS. The terms “small tree,” “medium tree,” and “large tree,” which refer to the size of a tree at the time it is installed or retained (as outlined in § 155.300(A)(3)), regardless of its species.
TURF GRASS. Existing or installed grass that has been sodded, seeded, or hydro-mulched. TURF GRASS eligible for point credits must be located within the property lines of a development. The maximum credit for turf is 25% of the total landscape points required for any site. All TURF credited for points shall completely cover all exposed areas of soil after one full growing season.
XERISCAPE. A method of landscaping that emphasizes water conservation, accomplished by following sound horticultural and landscaping practices, such as planning and design, soil improvement, limited turf areas, use of mulches, use of low-water demand plants, efficient irrigation practices, and appropriate maintenance.
(Ord. passed 2-3-2011, § 2.32.030)
All rules, regulations, conditions, and requirements set forth in this section are applicable as follows:
(A) Any development or construction with required yards in all zoning are subject to these regulations;
(B) A final landscape plan shall not be required for single-family or duplex development;
(C) Any alteration to existing building(s), development(s), or construction that alters the amount of gross floor area of the structure or building shall be required to come into compliance with landscaping requirements as follows:
(1) Any alteration to existing building(s), development(s), or construction that alters the amount of gross floor area of the structure or building shall require a minimum of ten points of landscaping be installed, plus two points of landscaping for every additional parking space provided for the building addition;
(2) The entire property shall come into compliance with the landscape code when the size of the building addition exceeds 100% of the size of the existing structure or building;
(3) If the site (including proposed building addition and parking areas) meets or exceeds current landscape standards, additional landscaping shall not be required; and
(4) If the site has insufficient green space to provide required landscaping, up to 10% of the number of parking spaces required for a building addition may be used for landscaping, however point values increase from two to ten points for each substituted parking space.
(D) The property owner, manager, or property owners’ association is responsible, in perpetuity, for maintaining all landscaping by keeping lawns mowed, all plants properly groomed and maintained as disease-free, and planting beds groomed, except in naturally occurring dense growths of underbrush or shrubs;
(E) An inspection of all plantings to ensure compliance with the submitted landscape plan is required prior to the issuance of a certificate of occupancy;
(F) (1) Nothing herein shall affect in any way the rights of, or exercise by, any public utility or city department of its present and future acquired rights to clear trees and other growth from lands used by the public utility or city department.
(2) The utility or city department shall cooperate and coordinate with the city when clearing or pruning in the rights-of-way.
(G) Landscaping within rights-of-way;
(1) Up to 25% of the required landscaping may be placed in the street right-of-way. The type and location of vegetation shall not interfere with utilities and the safe and efficient flow of street traffic. Approval by the appropriate city departments responsible for street and utilities shall be required; and
(2) No trees or shrubs shall be placed in the sight triangle for street intersection or street and driveway intersections as required in the § 155.182.
(H) Nothing herein shall reduce the lines of sight and traffic visibility standards adopted in this chapter. Plantings within 25 feet of an intersection shall not exceed a height of 18 inches;
(I) All pervious surface areas of public and private parks, playgrounds, playing fields, and other outdoor recreation facilities shall be excluded from the calculation of site points as required by these regulations;
(J) Property owners in all zoning districts shall be responsible for landscaping the area between the street rights-of-way line and the curb-line. In addition, this area shall not be hard-surfaced, other than a permitted driveway or sidewalk, and it shall not be used for parking;
(K) Any plant material shall meet the size requirements in § 155.300(A)(3);
(L) Turf grass shall be planted in such a manner as to completely cover all exposed areas of soil after one full growing season;
(M) No disturbed ground shall be left exposed. Grass and other approved and appropriate ground covers or mulch shall cover all non-paved and non-built developed area; and
(N) The homeowner, property owner, manager, property owners’ association, or homeowners’ association shall:
(1) Maintain the landscaping by keeping lawns mowed, all plants properly groomed and maintained as disease-free, and planting beds groomed, except in naturally occurring dense growths of shrubs or undergrowth; and
(2) Replace any required planting(s), which have been removed, are diseased, or no longer living within one year or the first planting season, whichever occurs first, except those in naturally occurring dense growths of shrubs or undergrowth.
(Ord. passed 2-3-2011, § 2.32.040; Ord. passed 2-16-2017)
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