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HomeMy WebLinkAboutOrdinance 1308ORDNANCE NO. ~ 305 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, CHAPTER 5A OF THE HOUSING MAINTENANCE CODE, PERTAINING TO SCREENING AND LANDSCAPING The City of Columbia Heights does ordain: Section 1: Section 7 of Ordinance No.853, Chapter 5A of the Housing Maintenance Code of the City Code of 1977, which currently reads as follows, to wit: 5A.207(1): Section 7: Screening and Landscaping (1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this 5A.207. (a) Definitions. For the purposes of this Section, the following terms shall have the meaning stated: (I) Fence. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (II) Landscape, Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (lid Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (IV) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. (V) Screening. A barrier' which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (I) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (ID Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (c) (d) (e) (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (III) Maintenance. 1) Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this code. (IV) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas for dwelling of three (3) or more units shall be screened from all public roads and adjacent differing land uses. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in heights. Hedge materials must be at least three (3) feet in heights, and trees must be at least six (60 feet in height at planting. IThe heights and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedge,s are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five percent (75%) opacity year round. Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to 5A.207(1)(c) must either provide screening pursuant to 5A.207(1)(c) or provide a minimum of one deciduous tree for every forty-five feet (45') or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. Variances under 5A.207 shall be enforced and administered in accordance with 5A.208(2). is hereby amended to read as follows: 5A.207(1) Section 7: Screening and Landscaping (1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this 5A.207. (a) Definitions. For the purposes of this Section, the following terms shall have the meaning stated: (b) (I) Fence. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (1I) Landscape, Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (Ill) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (IV) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. (V) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (VI) Boulevard. That portion of the street or alley right-of-way that is not paved. (VII) Private irrigation system. An underground system of pipes and appurtenances used for watering the lawn and other landscaping. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (I) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (II) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining wails. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (lll) Maintenance. 1) Any dead trees, shrubs, ground covers, and sodding shah be replaced in accordance with this code. 2) All landscaped areas (except those retaining walls installed by the City for street and .a.l.1. ey improvements), including the adjacent boulevard, shall be maintained in a healthy, safe and nuisance free condition by the property owner. 3) The t~ror~ertv owner shall be responsible for the maintenance and repair of any private irrigation systems installed in the boulevard. (c) (d) (e) (IV) Plac6ment of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection ff such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas for dwelling of three (3) or more units shall be screened from all public roads and adjacent differing land uses. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in heights. Hedge materials must be at least three (3) feet in heights, and trees must be at least six (60 feet in height at planting. IThe heights and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedge,s are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five percent (75%) opacity year round. Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to 5A.207(1)(c) must either provide screening pursuant to 5A.207(1)(c) or provide a minimum of one deciduous tree for every forty-five feet (45') or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. The property owner is responsible for maintenance and repair of any private irrigation systems installed in the boulevard. Variances under 5A.207 shall be enforced and administered in accordance with 5A.208(2). Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: August 28, 1995 Second Reading: September 11 ~ 1 995 Date of Passage: September 11, 1995 Offered by: Jo l 1 y Seconded by: Rue t t i mann Roll Call: A11 ayes .fro-Anne Student, -Counc~-'~ee~retary ~555~Mayo~J;~e~ Sturdevant