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(A) Maintenance required. Property owners are responsible for the perpetual maintenance of all landscaped areas on their lot and adjoining public right-of-way, except any portion(s) of the parkway maintained by another entity. The owners of lots which do not have properly maintained landscaped areas will be subject to penalties as set forth in this chapter.
(1) Lack of maintenance shall constitute a violation of this article. The property owner and/or occupant or lessee shall be held jointly and severally liable for any infraction of the requirements set forth in this chapter.
(2) In the event a plant specified as required on an approved landscape plan dies or is removed, the property owner, occupant or lessee, and/or city are jointly responsible and shall replace the plant in the next planting season with one of a similar species with a similar size as specified in the approved landscape plan.
(3) Landscape plans shall designate whether plant material is to be kept in either a natural state (minimal pruning) or a formal state (regularly trimmed and pruned to a sculpted appearance). Plant materials shall be maintained as designated.
(B) Irrigation system maintenance required. Irrigation systems must be maintained and replaced as necessary to continue to conserve water. Detection and repair of leaky or broken pipes, valves, and fittings and malfunctioning and/or misaligned heads, emitters, and bubblers must be part of a regular maintenance program for the site. Automatic Irrigation Controllers are recommended to be reset a minimum of four times a year (spring, summer, fall, and winter) to adjust for plant water requirements that vary according to season. All irrigation systems shall be subject to the Uniform Building Code requirements of the city and shall be installed only as approved by permits issued by the Department of Community Development.
(C) Maintenance responsibility. All landscape areas must meet minimum landscape standards as set forth herein, and shall be maintained by home owners associations, maintenance districts, improvements districts, private individuals or companies, and/or the City Parks and Recreation Department and Public Works Department. For any streetscape or basin landscaped in excess of the minimum standards, the city will not be responsible for maintenance.
(D) City maintenance responsibility. The City of Yuma is responsible to ensure that maintenance is performed on all landscape areas located within dedicated parkways, medians, and retention basins. For any areas the City of Yuma agrees to maintain, a plant palette and design intent document shall be provided to the department in charge of maintenance.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2001-93, passed 11-20-2001; Ord. O2010-32, passed 7-7-2010; Ord. O2010-57, passed 11-17-2010; Ord. O2017-024, passed 8-2-2017) Penalty, see § 154-999
(A) Landscape plan submittal requirements.
(1) Preliminary landscape plan.
(a) Applicability. If your project requires discretionary review (preliminary submittal requirements), a preliminary landscape plan is required with your site plan or use review application.
(b) Contents. A preliminary landscape plan shall contain the location, description, number of proposed materials (including new and existing trees, shrubs, and groundcovers), and the proposed group responsible for maintenance.
(2) Final landscape plan.
(a) Applicability. A final landscape plan shall be submitted as part of the application for Site Plan Review and Approval. A final landscape plan shall be approved by the Director before the issuance of a building permit or recordation of the final plat.
(b) Building permit application. One copy of the landscaping plan shall be submitted to the Department of Community Development at the time of building permit application or zoning clearance (if applicable pursuant to this article). This plan shall be on file in the Building Safety Division for 90 days after the certificate of occupancy is issued and with the Community Planning Division thereafter.
(c) Contents. Final landscape plans shall contain the following information:
1. Development name, site address, and Assessor’s Parcel Number (APN);
2. Designer name, address, and phone number;
3. A minimum scale of not less than one-inch equals 20 feet, represented numerically and graphically;
4. A north arrow;
5. Property lines, adjacent rights-of-way and streets including names, zoning and use of adjacent properties, building footprints, the edge of all eaves, roof overhangs and cantilevered structures, parking lots, fences, driveways, intersection sight triangles, signage and associated sight triangles, walkways, easements, utility lines, poles and boxes, drainage structures, and other site improvements. All shall be drawn to scale with appropriate dimensions and labeled as existing or proposed;
6. Significant topographical features and the existing and proposed contours based on the proposed grading plan. Contour intervals of one-foot are preferred, but a maximum of two-foot contour intervals will be accepted. Exceptions to contours may be made, as approved by the Director;
7. Plant locations and spacing (including staking and soil mix), represented at approximate size at maturity and indicating proposed and existing, corresponding to the plant legend;
8. A plant legend that includes both common and botanical plant names, sizes (size of plant at installation and size at maturity), and the number of required and proposed trees, shrubs, and groundcover quantities;
9. An irrigation design plan identifying system layout and descriptions (e.g., automatic timing devices, backflow protection, moisture sensors, hydrants, sprinkler and bubbler details, drip system layout and specifications, and seasonal irrigation schedule);
10. A maintenance schedule, as defined in Ch. 154, Article 01.
11. If applicable, indications of proposed common and open space areas on the plan; and
12. If a development is planned in phases, required landscaping must be completed in sequence with development phases. These phases must be shown on the landscape plan.
(B) Encroachment permits required. Those projects which include use of the public right-of-way for landscaping shall include a request for an encroachment permit with a copy of the landscaping plan following building permit approval. If approved, the encroachment permit shall be issued by the City Engineer concurrently with building permit issuance by the Building Safety Division.
(C) Assurance of installation. Landscaping and irrigation systems shall be installed as approved on the submitted plans prior to issuance of a certificate of occupancy. An assurance of installation in a form approved by the city and executed by the lot owner and the financial institution for an amount sufficient to guarantee the installation of the approved landscaping plans within six months of occupancy shall be accepted by the Planning Director in lieu of immediate installation of the landscaping.
(D) Variances. The Hearing Officer shall have the power to grant variances from the specific requirements of this article, provided that it finds such a variance request to be in substantial compliance with the spirit and intent of these regulations. Should the variance requested constitute not more than a 20% difference in the code requirement, the request may be considered a minor variance, and reviewed under the applicable code provisions by the Minor Variance Committee. However, this authority does not grant the Hearing Officer or the Minor Variance Committee the power to waive all landscaping requirements.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2010-32, passed 7-7-2010; Ord. O2017-024, passed 8-2-2017)
(A) Any existing nonconforming use which is not otherwise unlawful may be hereafter extended throughout any part of a building or structure which was manifestly arranged or designed for such use at the time of the enactment of this chapter, but no building or structure containing a nonconforming use shall, except as may be authorized by a certificate of occupancy, be hereafter extended or enlarged except in conformity with the provisions of this chapter.
(B) No building or structure in which a nonconforming use is abandoned for a period of exceeding two years or is superseded by a permanent conforming use subsequent to the enactment of this chapter, shall again be devoted to any prohibited use.
(C) In no instance shall legally established nonconforming manufactured home parks, recreational vehicle parks and/or recreational vehicle cooperatives be expanded to increase the number of manufactured home spaces or recreational vehicle spaces.
(Ord. O2010-32, passed 7-7-2010)
(A) Any nonconforming building or structure which is hereafter damaged to an extent exceeding 50% of its reproduction value, exclusive of foundations, by fire, flood, earthquake, war, riot or so-called act of God, may not be restored, reconstructed or used for any other than a purpose permitted under the provisions of this chapter governing the district in which the building or structure is located.
(B) The replacement and installation of manufactured home units and recreational vehicle units within a legally established nonconforming manufactured home park, recreational vehicle park and/or recreational vehicle cooperative shall meet the minimum placement standards for the individual unit as required by the Manufacturing Housing Park (MHP) District.
(Ord. O2010-32, passed 7-7-2010)
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