Title 7 - Health and Sanitation

7.20.190 Exceptions.

This Chapter shall not be made applicable to:

1. A.
   Land zoned where agricultural uses are a permitted use if such tract is one (1) contiguous tract, not intersected by any public roadway and is greater than twenty (20) acres if undeveloped and contiguous to other such undeveloped tracts where the total acreage of all undeveloped tracts exceeds twenty (20) acres;
2. B.
   Undeveloped tracts of land zoned where agricultural uses are not a permitted use if such tract is one (1) contiguous tract, not intersected by any public roadways and is greater than twenty (20) acres;
3. C.
   For the tracts of land identified in subsections A and B:

   1. 1.
      Such tracts shall not allow any Excessive Growth of Vegetation and/or growth of agricultural crops within thirty (30) feet of the edge of the street or curb adjacent to any other roadway or the property line of any property being used for residential or commercial purposes. 
   2. 2.
      For tracts zoned other than for agricultural uses, where the City determines that any Excessive Growth of Vegetation creates or enhances an identifiable health or safety problem, the procedures shall be followed as provided in this Chapter for the abatement of such Excessive Growth of Vegetation.
4. D.
   Public parks, public golf courses, public natural preservation areas, public open space, public wildlife preservation areas, designated stream corridor areas, inaccessible public creek areas, and stormwater treatment facilities utilizing native vegetation as required by Chapter 16.210 of this Code (as may be amended); provided, however, where the City determines that any Excessive Growth of Vegetation in such areas creates or enhances an identifiable health or safety problem, the City shall take such action as it deems necessary to mitigate such problem, consistent with the public interest in maintaining and protecting such areas.
5. E.
   Planned Sustainable Landscape areas that meet the following criteria: 

   1. 1.
      The owner is responsible for ensuring that all landscape material in a Planned Sustainable Landscape is maintained in a healthy condition and managed so as not to include unintended vegetation. 
   2. 2.
      The Planned Sustainable Landscape cannot contain Invasive Plants which are not Controlled, turf grass, or any Noxious Weeds.
   3. 3.
      The landscape boundaries are clearly defined through edging or containment and no vegetation is encroaching onto a neighboring property.
   4. 4.
      The Planned Sustainable Landscape meets the following setback requirements:

      1. a.
         Three feet from side and/or rear lot lines running the length of the property
      2. b.
         No setback is required on side or rear lot lines where the defined landscape area abuts another similar private or public landscape area, or if a solid fence at least four feet in height is installed along the lot line adjoining the planned landscape​​​​​​​ 
6. F.
   Any tract or combination of tracts as determined by the Director of Planning and Development Services, or his or her designee, to meet the intent of the exceptions identified in subsections A-D.

(History: Ord. NU-3437 §8, 2023; ​​​​​​​Ord. NU-2939 §10, 2011; NU-2667 § 1, 2008; NU-2389 § 1, 2002; NU-1905 § 1, 94; NU-1376 §1, 86)

Effective on: 1/1/1901