[Amended 5-14-2024 by Ord. No. 1787-2024]
A. Vegetation and landscaping shall present an attractive appearance
in accordance with generally accepted landscaping practices and as
follows:
1. Exposed
soils, except exposed soil that is associated with a garden or cultivated
farmland, shall be vegetated, landscaped, or paved consistent with
this chapter to prevent soil erosion.
2. The
Common Council finds that lawns, grasses and noxious weeds on lots
or parcels of land which exceed eight inches in length adversely affect
the public health and safety of the public in that they tend to emit
pollen and other discomforting bits of plants, constitute a fire hazard
and safety hazard in that debris can be hidden in the grass, interferes
with the public convenience, and adversely affects property values
of other land within the City. For that reason, any lawn, grass or
weed on a lot or other parcel of land which exceeds eight inches in
length is hereby declared to be a public nuisance, except for property
located in a designated floodplain area, wetland area, or where the
parcel of land is located within a subdivision where more than 70%
of the parcels are unbuilt/vacant, or where natural landscaping as
described below has been appropriately utilized. Native grasses and
forbs that are part of a managed natural landscape are exempt from
the height requirement of this provision.
3. Natural
landscapes shall be permitted in all zoning districts. However, unmanaged
vegetation that constitutes a nuisance or hazard shall be prohibited.
The Building Inspector/Zoning Administrator or other authorized agent
shall determine whether an existing landscape is a natural landscape
or unmanaged vegetation that constitutes a nuisance or hazard. Natural
landscapes include existing wooded areas, wetlands, prairies, and
similar areas that are generally characterized by a diversity of species
native to the area. Natural landscapes also include restored and managed
plant communities and wildlife habitats that are comprised primarily
of native ferns, grasses, forbs, aquatic plants, trees and shrubs.
Where a natural landscape abuts a property or right-of-way that does
not have a natural landscape, the property owner with the natural
landscape shall provide an adequate grass lawn buffer or other acceptable
buffer between the natural landscape and the adjacent property or
right-of-way so as to prevent the natural landscape from being a nuisance
or hazard or encroachment. Wherein the City is an adjoining property
owner, the Public Works Director or other authorized agent shall act
as a signatory to the waiver, so long as the vision triangle, public
safety, and visibility of public infrastructure are not impacted.
4. When,
in the opinion of the Fire Chief or their designee, the presence of
a natural lawn may constitute a fire or safety hazard due to weather
and/or other conditions, the Fire Chief or their designee may order
the cutting of natural lawns to a safe condition by written order.
A property owner shall be required to cut the natural lawn within
three days upon receiving direction from the Fire Chief or their designee.
5. Vegetation
that may impede the proper functioning of a drainage swale shall be
removed unless specifically approved, in writing, by an authorized
agent of the City.
6. Vegetation
(including gardens) shall be properly and routinely maintained or
removed so that it does not present a hazard to structures, persons,
or vehicles, impact vision triangles, and visibility/utility of public
infrastructure. No person shall maintain, plant, or permit to remain
on any private property situated at the intersection of two or more
streets/alleys in the City any tree, shrub, or other growth which
may obstruct the view or life safety of the operator of any motor
vehicle or pedestrian approaching such intersection. No obstructions
shall be permitted between the heights of 2.5 feet and 10 feet at
an intersection measured 10 feet along both streets/alleys and forming
a triangle by striking an imaginary line between said points. It is
unlawful for any person to plant, cause to grow, allow to grow or
maintain any trees, bushes, shrubbery, or vegetation of any kind which
is an obstruction to the clear and complete vision of any traffic
sign or driveway approach to a street in the City. It shall be the
duty of every owner of such tree, bush, shrubbery or vegetation to
remove such obstruction.
7. Any
trees/bushes/shrubbery located upon any private premises adjacent
to any public way or public property/areas shall be kept trimmed so
not to impede travel. Trees and shrubs shall be kept trimmed so that
the lowest branches projecting over the public right-of-way provide
a clearance of a minimum of 14 feet. Clearance from sidewalk to lower
branches shall be a minimum of 10 feet above the level of a sidewalk.
8. Brush.
Piles of brush (tree branches, yard waste, etc.) shall not be allowed
to accumulate and/or be stored on parcels of residentially zoned land,
as said brush becomes habitat for vermin and other associated animals
and can become a public nuisance.