(a) 
Applicability.
The provisions of this division shall apply to the development, redevelopment or total rehabilitation of all commercial/industrial property within present or future incorporated areas of the city.
(b) 
Landscaping plans required.
All new commercial and industrial building permits requested shall include landscaping plans along with building plans.
(c) 
Permit fees.
The fee schedule for permits shall be as set forth in the fee schedule adopted by city council. Commercial and industrial developers may elect to include the cost of the landscaping permit in the building permit fee.
(d) 
Exemptions.
Exemptions may be granted by the board of adjustment of the city on recommendation of the building official or his designees of the city for individual projects, if the applicant can demonstrate acceptable reasons for the requested exemption.
(Ordinance 0082, pt. 2, sec. I, adopted 8/10/99; Ordinance adopting Code)
(a) 
When the city building official or his designees does not approve a landscape or irrigation plan, or the installation of improvements, the applicant or their duly authorized representative may appeal that decision to the board of adjustment of the city.
(b) 
The board of adjustment of the city may only grant exceptions to this article for the following circumstances:
(1) 
When topography is such that full compliance is an excessive hardship.
(2) 
For infill development of [or] redevelopment when surrounding landscaping or prevailing practices in the vicinity dictate different standards than those contained in this article.
(3) 
When the requirements of this article create a safety hazard.
(c) 
The board of adjustment of the city may only grant an exemption when the applicant has provided evidence sufficient to show that the proposal meets or exceeds the purpose of this article.
(d) 
The granting of a request for alternative compliance, as provided in this section, shall not have the effect of nullifying the intent and purpose of this article.
(e) 
Special conditions may be imposed by the board of adjustment of the city, where necessary, to assure conformity with the purpose and intent of this article.
(Ordinance 0082, pt. 2, sec. II, adopted 8/10/99; Ordinance adopting Code)
(a) 
The building official or his designees of the city or a designated inspector shall be authorized and empowered to make inspections at reasonable hours of all land uses or activities regulated by this article, in order to determine if applicable provisions of this article are being followed.
(b) 
Inspections may be made without notice, and refusal to allow such an inspection shall be deemed a violation of this article. Such failure to permit an inspection shall be sufficient grounds for a citation or revocation of permit.
(c) 
In the event a building, structure, or land appears to be vacant or abandoned, and the property owner cannot be readily contacted in order to obtain consent for an inspection, the building official or his designees of the city may enter into or upon any open or unsecured portion of the premises in order to conduct an inspection thereof.
(d) 
The building official or his designees of the city shall be required to show official identification when making any inspection.
(e) 
Law enforcement officers may be called upon to assist in making inspections when required by the building official or his designees of the city.
(Ordinance 0082, pt. 2, sec. VI, adopted 8/10/99; Ordinance adopting Code)
(a) 
Revocation of permit.
The building official or his designees of the city may revoke a permit upon determination that the work for which the permit was issued is in violation of, or is not in conformity with, the provisions of this article.
(b) 
Stop work order.
Upon notice from the building official or his designees of the city, work on any landscaping/irrigation system that is being done contrary to the provisions of this article, or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the property owner, or to their agent, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official or his designees of the city shall not be required to give written notice prior to stopping work.
(Ordinance 0082, pt. 2, sec. VIII, adopted 8/10/99; Ordinance adopting Code)
Any person violating this article shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance adopting Code)
Construction projects in commercial and industrial areas are required to include landscaping and irrigation plans that demonstrate compliance with this article when they request a building permit. These plans shall be drawn at a minimum scale of one inch equals twenty feet.
(1) 
Landscape plan.
The landscape plan shall indicate the following:
(A) 
Date, scale, north arrow, project title and address.
(B) 
Name, address and telephone number of the property owner [and] of the person preparing the plan.
(C) 
Type, size, height and location of the proposed landscape materials to be used.
(D) 
Total square footage of all landscape area.
(2) 
Contour lines.
Plans showing the existing and proposed contour lines when required by the building official or his designees of the city.
(3) 
Irrigation plan.
In the industrial and commercial districts, the irrigation plan shall be designed and sealed by a licensed irrigator or as otherwise allowed by the building official or his designees, and shall indicate the following:
(A) 
Type, size and location of piping.
(B) 
Type, size and location of irrigation heads.
(C) 
Type, size and location of backflow prevention devices, valves and controllers.
(Ordinance 0082, pt. 2, sec. III, adopted 8/10/99; Ordinance adopting Code)
(a) 
Earth berms.
Where provided, earth berms in the public right-of-way shall be constructed with a maximum slope of 1:3, and shall be treated with a ground cover, either vegetative or inert materials, that prevents soil erosion. The base of the berm shall be a minimum of three feet from sidewalks, curbs, driveways or other paved surfaces, so that potential water runoff is reduced or eliminated, or the landscape design shall show the use of swales and water harvesting to reduce or minimize runoff.
(b) 
Plant material.
The use of native, drought-tolerant or adapted plant material is encouraged. Existing trees and shrubs may be incorporated into the required landscaping, if they conform to the requirements of this article and do not create a safety hazard.
(c) 
Turf areas.
The type, location and shape of turf area shall be identified on the landscape plan.
(1) 
Turf shall not be treated as a fill-in material, but rather as a major planned element of the landscape.
(2) 
Turf shall be placed so that it can be irrigated separately.
(3) 
The use of drought-tolerant turf is preferred over the traditional turf grass varieties.
(4) 
Turf shall not be planted in the following locations:
(A) 
Within three feet of street curbs or street edges.
(B) 
In areas between the street and sidewalk whose width is less than eight feet.
(C) 
In rights-of-way where slopes are 1:3 or greater from the horizontal.
(d) 
Irrigation standards and requirements.
Underground irrigation systems shall conform to the following specifications:
(1) 
The source of irrigation water, whether potable or reclaimed, will be indicated on the irrigation plan.
(2) 
When using a potable water irrigation source, an approved backflow prevention device shall be installed in accordance with the city plumbing code.
(3) 
In commercial and industrial areas, underground irrigation systems shall be controlled by an automatic controller.
(4) 
Drip, bubbler or similar types of irrigation system shall be provided for trees, shrubs and ground cover areas.
(5) 
Spray head type irrigation systems may be used in planting beds when spacing of plant materials is less than 18 inches on center. Spray head type irrigation systems shall have head-to-head coverage.
(6) 
Irrigation heads adjacent to any on-site curbs, sidewalks or paved areas shall be installed flush with the finished grade.
(7) 
Irrigation piping installed under the surface paving within a public right-of-way shall be installed within sleeving.
(8) 
Irrigation valves shall be installed in accordance with the city plumbing code.
(9) 
Spray heads shall not be installed in the following locations:
(A) 
Within three feet of public street curbs or street edges.
(B) 
In areas less than four feet wide.
(C) 
In areas between the street and sidewalks where width is less than eight feet.
(10) 
Temporary irrigation systems may be allowed for establishment of native grasses or wildflowers.
(e) 
Appropriate maintenance required in commercial and industrial areas.
(1) 
Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment, resetting the automatic controller according to the season, replenishing mulch, fertilizing, pruning and weeding in all landscaped areas.
(2) 
Repair of irrigation equipment shall be done using the originally specified materials or their equivalents, unless exempted by the board of adjustment of the city.
(Ordinance 0082, pt. 2, sec. IV, adopted 8/10/99; Ordinance adopting Code)
(a) 
Landscaping and irrigation systems shall be installed in accordance with approved plans; installation shall be completed within 180 days of closing of the sale on any property covered by this article.
(b) 
Final grading in parkway landscaped areas shall be two inches below the top of the adjacent curb and sidewalk, if any exist, to prevent landscaping material from littering the street and sidewalk.
(c) 
All landscaping and irrigation improvements placed in the adjacent parkway for the purpose of satisfying requirements of this article shall be approved by the city building official or his designees, and properly maintained by the property owner making such improvements.
(d) 
Routine maintenance in landscaped areas does not require a permit.
(Ordinance 0082, pt. 2, sec. V, adopted 8/10/99; Ordinance adopting Code)