Lancaster Municipal Code Ch. 8.30 Residential Landscaping Installation and Maintenance

For purposes of this chapter, the following definitions shall apply:

"Director" means the director of community development of the city of Lancaster.

"Hardscape" means any inorganic materials intended and maintained for decorative use as part of an overall landscape design and may include, but not be limited to, decorative rock, stones, pavers, colored or patterned concrete, and similar materials.

"Irrigation system" means an overall system of various components, including pipelines, sprayers, bubblers, drip emitters and other materials, including timers, designed and installed to ensure that all landscaped areas and plant materials are adequately watered on a regular basis. An irrigation system shall include a backflow prevention device. "Irrigation system" does not include the use of portable sprinklers, hoses, or hand watering.

"Landscaping" means the planting and continuous maintenance of a combination of trees, shrubs, vines, groundcovers, flowers, and grass on the land. Except in parkways, "landscaping" includes the installation of various decorative features, such as benches, water features, and artwork, and the use of hardscape as part of an over-all design. "Landscaping" includes the use of xeriscape design, techniques, planting, and irrigation.

"Mulch" means any material, whether organic or inorganic, such as leaves, bark, straw, compost, gravel, or other materials applied to the surface of the soil designed to reduce water evaporation or discourage the growth of weeds.

"Multiple family residential" means a development consisting of two or more dwelling units on a lot or parcel located in the Moderate Density Residential (MDR) or High Density Residential (HDR) zoning classification.

"Parkway" means all areas between the curb and the sidewalk in front of or along side a residential lot.

"Plant materials" means trees, shrubs, vines, groundcovers, flowers and grass.

"Single family residential" means a single dwelling unit, or a single dwelling unit and a second dwelling unit approved under the provisions of Section 17.08.360 of the Lancaster Municipal Code, located on an individual lot or parcel located in the R-7,000, R-10,000, or R-15,000 zoning classification.

(Ord. 877 §§ 1, 2, 2007; Ord. 821 (part), 2003)

Except as otherwise noted, the provisions of this chapter shall apply to all developed residential lots within the city of Lancaster.

(Ord. 821 (part), 2003)

The provisions of this chapter shall not apply to residential lots located in the rural residential zones (RR-2.5, RR-1, and SRR).

(Ord. 821 (part), 2003)

All residential development issued building permits after the effective date of this chapter shall comply with the following requirements:

A. Multiple Family Residential Development. All multiple family residential developments shall be landscaped in accordance with the requirements of Chapter 8.50, Landscaping Installation and Maintenance, Title 8, Health and Safety of this code. Such landscaping shall include installation of an irrigation system and an appropriate combination of plant materials and hardscape.

B. Single Family Residential Development. Landscaping and irrigation systems shall be installed on all portions of single family residential lots not used for buildings, vehicle access, or parking.

C. Maintenance. All landscaping and irrigation systems shall be maintained in accordance with Section 8.30.060.

(Ord. 821 (part), 2003)

(Ord. No. 907, § 2, 10-28-08)

All residential development for which a building permit was issued prior to the effective date of this chapter shall comply with the requirements of Chapter 8.50, Landscaping Installation and Maintenance, Title 8, Health and Safety of the Lancaster Municipal Code and the following requirements within six months of the effective date of this chapter:

A. Multiple Family Residential Development. All lot areas of existing multiple family residential development not used for buildings, parking, and vehicle circulation shall be landscaped. Irrigation may be provided by an irrigation system, manual application of water, or other method that provides adequate moisture to plant materials; provided, however, that the director may require the installation of an irrigation system in circumstances where a lack of adequate water results in noncompliance with the provisions of Section 8.30.060.

B. Single Family Residential Development. All portions of existing single family residential lots open to view from a public street and not used for buildings, vehicle access, or parking shall be landscaped. Irrigation may be provided by an irrigation system, manual application of water, or other method that provides adequate moisture to plant materials; provided, however, that the director may require the installation of an irrigation system in circumstances where a lack of adequate water results in noncompliance with the provisions of Section 8.30.060.

C. Maintenance. All landscaping and, where installed, irrigation systems shall be maintained in accordance with Section 8.30.060.

(Ord. 821 (part), 2003)

(Ord. No. 907 § 2, 10-28-08)

All landscaping and irrigation systems installed pursuant to this chapter shall be continuously maintained, including mowing, pruning, weeding, fertilizing, repair, and replacement as necessary. Examples of a lack of maintenance include, but are not limited to:

A. Grasses used as part of a lawn that are more than eight inches in height, have significant numbers of seed heads, or are thatched and matted.

B. Landscape materials or areas that are infested with insects, disease, or vermin.

C. Dead or dry plant material.

D. Plant material that has become so overgrown as to inhibit pedestrian or vehicular travel or visibility on a public street or sidewalk.

E. Trees or shrubs that contain broken or dead limbs and branches.

F. Numerous or large areas of bare dirt within lawns.

G. Planter or lawn areas containing significant numbers of large weeds.

H. Broken or improperly adjusted irrigation systems that result in significant or continuous spray, spillage, or flow of water onto adjacent property or public streets, or that results in continuous pooling or ponding of water either on or off the site.

I. Accumulation of large amounts of plant material debris such as leaves, pulled weeds, grass clippings, branches that are clearly not being used for mulching or composting purposes.

J. Inoperative backflow prevention device on an irrigation system.

(Ord. 821 (part), 2003)

It shall be the duty of property owners to provide for maintenance and replacement of all trees, grass and landscaping located in the public parkway located immediately in front of or alongside of their property in the manner required by Section 8.30.050.

(Ord. 877 § 3, 2007)

The director may waive the requirements of this chapter, in whole or in part, on a case-by-case basis under the following circumstances:

A. Construction, remodeling, or similar work underway on a site that results in the removal, damage, or lack of maintenance of landscaping and irrigation systems. The waiver of requirements shall only remain in effect until the construction work is completed.

B. Other circumstances that, in the opinion of the director, constitute sufficient grounds for the temporary or permanent waiver of the requirements of this chapter.

The director's determinations under this section may be appealed to the city council in accordance with Chapter 2.44 of the Municipal Code.

(Ord. 877 § 4, 2007; Ord. 821 (part), 2003)

Violations of any of the provisions of this chapter shall not be prosecuted as infractions or misdemeanors but shall be punished by the issuance of an administrative citation, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

(Ord. 821 (part), 2003)

(Ord. No. 1097, § 4(Exh. C), 1-10-2023)