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Riverdale City Zoning Code

CHAPTER 28

RESIDENTIAL LANDSCAPING

10-28-1: - PURPOSE:

The purpose of this chapter is to establish residential landscaping standards (for new and refurbished private property landscaping) that enhance the appearance of individual lots, increase the compatibility of residential uses, maintain open space, provide for "green" space, and protect the public health, safety and welfare by minimizing the impacts of: soil erosion, pollution, refuse, fire hazards, and unmanaged growth, through promoting natural landscaping or "Xeriscaping", and water conservation.

(Ord. 655, 4-4-2006; amd. Ord. 939, 11-16-2021)

10-28-2: - SCOPE:

A.

The provisions of this chapter shall govern and be applied to all owners and occupants of real property which is:

1.

Located within the Riverdale City corporate limits with the zoning designation of R-1-4.5, R-1-6, R-1-8, R-1-10, R-2, R-3, R-4, R-5, RE-15, RE-20; or

2.

Located within the Riverdale City corporate limits with a zoning designation of A-1, provided said A-1 property has been developed for a residential use and said chapter provisions shall only be applicable to a residential lot in said A-1 zone in a minimum amount of eight thousand (8,000) square feet.

B.

The provisions of this chapter shall not be applicable to any real property located in the Riverdale City corporate limits, zoning designation notwithstanding, which is:

1.

Protected by local, state, or federal law, statute, or regulations;

2.

A nonconforming use permitted by Riverdale City; or

3.

All properties with a certified hillside slope of twenty percent (20%) or greater.

C.

This chapter may be enacted in whole or in part, and if any of this chapter is ever deemed unconstitutional or vague the remaining sections shall remain in force and effect.

(Ord. 655, 4-4-2006)

10-28-3: - NOTICE:

All new residential property owners, whether purchasing an existing or new residential property, shall receive a copy of this chapter upon applying for a building permit or utilities for said property. Said property owner shall be immediately subject to all provisions in this chapter.

(Ord. 655, 4-4-2006)

10-28-4: - DEFINITIONS:

HARD SURFACE: Shall consist of concrete, asphalt, brick or concrete pavers, rock or gravel and cobblestones. All hard surface material must be kept free of weeds.

HARDSCAPE SPACE: Any space made up of water features, benches, artificial grass/turf, walls, decorative ornaments, stamped concrete, small decorative rocks as well as boulders, mulch, curbing, and planters or other like materials, approved by the planning commission, that are not of a vegetative nature.

LIVING LANDSCAPE: Consists of turf, trees, shrubs, plant material both flowering and nonflowering, it shall include indigenous plants that are not noxious weeds so long as they are maintained as set out within this chapter.

NONLIVING LANDSCAPE: Shall consist of boulders, rock, lava rock, wood chips, decorative curbing and masonry work.

OPEN SPACE: All the space on the property not occupied by the residence, a driveway equivalent to the carport, or attached garage, and/or swimming pool.

XERISCAPE: Includes plant material that can survive on low or minimal water usage.

(Ord. 715, 8-19-2008; amd. Ord. 926, 10-20-2020)

10-28-5: - GENERAL STANDARDS AND REQUIREMENTS:

Every applicable place of property within the city of Riverdale shall maintain landscape in a well cared for manner that enhances the appearance of the property.

A.

Residential landscaping shall consist of no less than sixty-five percent (65%) of hardscape space, nonliving landscape, xeriscape, and other drought tolerant landscape features including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks, boulders, mulch, and decorative curbing. The use of overhead spray devices for the irrigation of hardscape spaces is not allowed. Where needed, drip irrigation established on a separate zone shall be used to meet the irrigation needs of non-turf plant materials. In no case shall hardscape of a residential dwelling exceed fifty percent (50%) of the open space of the property, unless said hardscape exists prior to passage of this chapter. In no case shall turf and lawn planting be allowed to exceed more than thirty-five percent (35%) of the overall residential landscaping area. No turf and lawn plantings are allowed in the park strips, slopes greater than 25%, or in areas less than eight feet (8') wide. Residential landscaping shall consist of a mixture/variation of hardscaping, nonliving landscape, xeriscape, and other drought tolerant landscape features reflected in the overall landscaping plan;

B.

Yards shall consist of a balance of living and nonliving landscape that do not violate any other federal, state, or municipal statute, ordinance, or law;

C.

All planter beds are required to filled with a minimum of three inches (3") of mulch. Also, drip irrigation systems are required to be used for areas outside of lawn areas. All drip irrigation systems shall be equipped with a pressure regulator, filter, and other similar required equipment;

D.

All irrigation valves shall irrigate landscapes with similar site, slope, and plant materials with similar needs (lawn and plantings beds shall be irrigated using separate valves). No drip sprinklers are allowed on the same irrigation valve. No combination of differing sprinkler heads are allowed on the same irrigation valve. A WaterSense labeled smart irrigation controller, equipped with the appropriate rain delay feature, is required to be installed with the irrigation system;

E.

Yards shall comply with the fencing and setback requirements of all Riverdale City ordinances;

F.

Yards shall be maintained as not to cause "interference from landscaping" with public property or right-of-way. No trees are allowed to be planted within the park strip;

G.

All living landscape shall be maintained in an orderly, attractive and healthy condition. This shall include, but not be limited to, proper pruning, mowing, weeding, and removal of litter; and

H.

All hardscape shall be maintained to be free from defects and maintain an orderly and attractive appearance.

I.

No vehicles shall be allowed to park overnight on anything other than hard surfaces that are as large as, or larger than, the full size (length and width) of the vehicle. Established landscaped yard areas, features, and spaces around the residential dwelling structure(s) do not qualify as hard surfaces that allow for overnight parking; and

J.

All new and refurbished single-family and two-family homes, apartments, condominiums and townhouses shall be required to approve and maintain, as landscape yards, the front, corner street side yard and park strip and install an appropriate irrigation system, so that the landscaping will receive the appropriate amount of water in order to flourish in good health, before final approval or certificate of occupancy is issued and meet the requirements of this Chapter. An escrow agreement may be issued with a temporary certificate of occupancy which includes a time certain for installation of the landscaping and irrigation system by he owner/developer. Failure to install landscaping by the end of the next planting season (October of the following year) shall lead to forfeiture of the escrow funds and may lead to revocation of the temporary certificate of occupancy. Landscaping may include a combination of grass, plant cover and Xeriscape.

(Ord. 655, 4-4-2006; amd. Ord. 926, 10-20-2020; Ord. 939, 11-16-2021)

10-28-6: - FAILURE TO MEET STANDARDS:

Failure to meet the standards set forth in this chapter shall be dealt with through the procedures as identified in title 4, chapter 5, "Nuisances", of this code.

(Ord. 655, 4-4-2006)