Sec. 22-54. Use and occupancy--Regulation by city.

(a)   Temporary rearrangement or removal of aerial facilities.  Upon request, a registered user shall remove, raise, or lower its aerial wires, fiber or cables temporarily to permit the moving of houses or other bulky structures. The expense of such temporary rearrangements shall be paid by the person requesting them, and the registered user may require payment in advance. The registered user shall be given at least 15 working days notice to arrange for such temporary arrangements. If the temporary rearrangement or removal will require longer than 15 working days to complete, the registered user shall notify the person requesting the move of the time period required. 

(b)   Right to trim trees.  The registered user, its contractors and agents have the right, permission and license to trim trees upon and overhanging the rights-of-way to prevent trees from coming in contact with the registered user's facilities. Except in emergency situations created by major storms or disasters, or where an individual customer has requested trees be trimmed because of interference with his lines. Registered users shall notify the city 48 hours prior to tree trimming activities beginning within the city and provide an estimate of the duration of the tree trimming activity. In emergency situations, the notice to the city shall be as soon as reasonably possible. All trimming shall be done in consideration of the health of the trees. When directed by the city, tree trimming shall be done under the supervision and direction of the city or under the supervision of the city's delegated representative. Any tree trimmings generated by the registered user, its contractors or agents, shall be removed within 24 hours, except in the event of emergency situations created by major storms or disasters, in which event the tree trimmings will be removed within a reasonable time after services are restored. Should the registered user, its contractors or agents, fail to timely remove such trimmings, the city may remove same or have them removed, and shall bill registered user for all costs incurred, which costs shall be promptly paid by the registered user. Nothing herein shall be construed to grant to a registered user the right of access to private property. 

Sec. 17-52. Natural resources; structures.

(a)   No person shall dig or remove any soil, rock, stones, trees, shrubs or plants, down-timber or other wood or materials, or make an excavation by tool, equipment, blasting or other means or agency.

(b)   No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued hereunder.

(Code 1965, § 15-33(1) (c), (d))


Sec. 17-53. Trees, shrubbery, lawns.

(a)   No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

(b)   No person shall climb, walk, stand or sit upon monuments, vases, fountains, railing, fences or gun-carriages or upon any other property not designated or customarily used for such purposes.

(Code 1965, § 15-33(2))

Cross references:  Damaging of trees prohibited, § 13-10. 


DIVISION 2. OBSTRUCTIONS


Sec. 22-31. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Visibility triangle  shall mean a triangle sign area at all intersections, which shall include that portion of the public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points 35 feet back from their intersection, such curb lines being extended if necessary to determine the intersection point as shown in Exhibit A which is available for inspection in the office of the city secretary. 

Parkway area shall mean that area between the curb line or grade line of any public street and the abutting private property line. 

(Code 1965, § 18A-2(a))

Cross references:  Definitions and rules of construction generally, § 1-2. 


Sec. 22-32. Obstructions prohibited within visibility triangle.

(a)   It shall be unlawful to set out, maintain or permit or cause to be set out or maintained, any tree, shrub, plant, sign or other view obstruction having a height greater than two feet as measured from the top of the curb of the adjacent streets within the visibility triangle.

(b)   This restriction shall not apply to permanent structures authorized by the zoning ordinance or to traffic-control signs and signals, street signs or utility poles placed within such area by authority of the city council.

(Code 1965, § 18A-2(b))


Sec. 22-33. View obstructions in parkway.

(a)   It shall be unlawful to set out, maintain or permit or cause to be set out or maintained, any tree, shrub, plant, sign or other view obstruction within any parkway area, which exceeds two feet in height above curb level.

(b)   This prohibition shall not apply to trees within the parkway area which are trimmed at all times so that no branches are less than six feet above curb level and which are planted no less than 25 feet apart. Such trees shall not interfere with the free passage of vehicles on the street or pedestrians on the public right-of-way or obscure the view of motor vehicle operators of any traffic-control device or street sign or otherwise create a traffic hazard.

(Code 1965, § 18A-2(c))


Sec. 22-34. Enforcement.

(a)   It shall be the duty of the code enforcement officer to cause a written notice to be served upon the owner of any property upon which any of the above violations exist, or upon any owner or occupant of any property which abuts any parkway area upon which any of the above violations exist to correct such violations within ten days after service of such notice.

(b)   Such notice shall be given personally or by letter addressed to such owner at his post office address, or, if the owner's address be not known and personal service not possible, by publication at least twice within ten consecutive days.

(c)   If such violation is not corrected within a ten-day period, the code enforcement officer is hereby authorized and directed to cause a tree, plant, structure or obstruction constituting such violation to be trimmed, pruned or removed to eliminate such prohibited condition.

(d)   The cost of such trimming, pruning or removal shall be assessed against the property owner or abutting property owner, as the case may be. The minimum fee for such service shall be $10.00.

(Code 1965, § 18A-2(d))

Secs. 22-35--22-45. Reserved.

Sec. 13-10. Damaging of trees prohibited.

It shall be unlawful for any person to damage, or cause to be damaged, in any manner, any tree located on property owned by the city or on any property leased to the city.

(Code 1965, § 14-18)

 

Sec. 28-283. Land use plan.

(a)   The land use plan shall be drawn to a scale of not less than one inch equals 200 feet. The "plan" is intended to show the arrangement of proposed uses of land, proposed intensity of development and density of population, major and minor routes of traffic circulation, open spaces for aesthetic and/or recreational use, major drainage outfalls and the means by which various or different uses of land may be made compatible within the site and with those for which a property is zoned that are not in but adjoin the site or are within 200 feet of the site. Items to be shown which may affect compatibility include such as: Transitional uses; buffer areas of open space, trees or vegetation; screening by hedges or walls; height limitations in certain areas; setbacks; and/or orientation of structures. The "plan" should be accurate, but may be prepared in freehand. It may use shades, colors, line patterns or symbols to depict information. It is not an engineering or construction plan and need not include the many other items required on a subdivision preliminary plan.

(b)   The "plan" shall also include the following information: Date, scale, north arrow, land use legend, approximate dimension of overall property and each area of land use, necessary notations explaining proposed solutions to aspects of compatibility, the uses for which adjoining lands are zoned, adjoining streets and their names, a sketch location map and the name of the property owner and possible or probable developer, if any. Approval of the land use plan, however, does not entitle the owner or developer to begin building improvements.

(c)   Both preliminary and final subdivision plans as set forth and required in the subdivision regulations of the city must first be approved and the final plan and related protective covenants filed of record. The developer may submit the land use plan and preliminary subdivision plan simultaneously if he chooses. Approval of both plans shall be a prerequisite to the approval of any final subdivision plan of any land situated in a planned unit development district except when such land is to be used, platted and restricted solely for single-family dwellings. Approval of a land use plan shall be shown by the signatures thereon, properly attested, of the mayor, city administrator and chairman of the planning and zoning commission of the city and shall be reflected in the minutes of the planning and zoning commission and the city council.

(d)   Subsequent to approval of each land use plan, the official zoning district map of the city shall be noted as to the area thus approved, the date of approval and the proposed uses of the various parts of the area thus approved.

(Ord. No. 854, § 16(c), 2-12-47)