A. Where Required. Except as provided in Subsection B., the landscape standards of this chapter shall apply to:
1. Public Projects. Public projects that require a land use permit.
2. Projects in Specific Land Use Categories. Development projects in the recreation, office and professional, commercial retail, commercial service, industrial and public facilities land use categories.
3. Developer-Installed Landscape. For the purposes of this chapter, developer-installed landscape shall be defined as the landscape installed (including any common area) prior to the initial sale of the residence or landscape installed as a condition of approval of a land use permit.
a. Within the urban and village areas, all developer-installed landscape in residential land use categories.
b. Outside of urban and village areas, all developer-installed landscape on parcels of two acres or less in any land use category.
B. Exceptions.
1. Homeowner Provided Landscape. Landscape in compliance with this chapter is not required for any homeowner provided landscape in the residential land use categories except where required for a special use by Article 4 (Standards for Specific Land Uses), or by use permit or minor use permit conditions of approval. For the purposes of this section, homeowner provided landscape is defined as the landscape installed by the individual homeowner after the initial sale of the residence or after compliance with the conditions of approval of a land use permit has been achieved.
2. Agriculture and Rural Lands Categories. Except where required for a special use by Article 4, setbacks and areas not proposed for development are not required to meet the standards of this chapter when the areas are cultivated or maintained in native vegetation, provided that any applicable requirements of Chapter 22.50 (Fire Safety) are satisfied.
3. Large Rural Parcels. When located outside of an urban or village area, any parcel larger than two acres is not required to be landscaped. Landscape may be required Article 4, or by use permit or minor use permit conditions of approval. In any case, all areas not proposed for development shall be cultivated, or maintained in native vegetation, and any applicable requirements of Chapter 22.50 (Fire Safety) shall be satisfied.
4. Cemeteries. Existing or proposed cemeteries are not subject to this chapter.
5. Small Areas of Landscape. Landscaping meeting the water efficient provisions of Sections 22.16.030 is not required for any project with a potential total irrigated landscape area of less than two thousand five hundred square feet with a proposed turf area of less than twenty percent of the irrigated landscape area. Landscaping located in the areas specified in Section 22.16.040.B is required and landscape plans in compliance with Section 22.16.040.D.1, D.3, and D.4 shall be submitted for review and approval. Landscaping shall be installed or its installation guaranteed through bonding prior to occupancy.
6. Edible Plants. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included in the determination of landscape area.
7. Effect on Existing Uses. The provisions of this chapter are not retroactive in their effect on landscape lawfully established as of the date of adoption of amendments to this chapter.
C. Modification. Where use permit or minor use permit approval is required, the review authority may waive, modify or increase the landscape standards of this chapter. (Ord. 2892 § 1 (part), 2002)