HomeMy WebLinkAbout104 - 09/05/2000 - AMENDING CITY CODE TO ELIMINATE XERISCAPE CERTIFICATIONS AS THE BASIS FOR A VARIANCE FROM THE ENFORC ORDINANCE NO. 104, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 20 OF THE CODE OF
CITY OF FORT COLLINS TO ELIMINATE XERISCAPE CERTIFICATIONS
AS THE BASIS FOR A VARIANCE FROM THE ENFORCEMENT OF
THE GRASS HEIGHT LIMITATION OF SECTION 20-42 OF THE CITY CODE, BUT
ALLOWING CERTAIN ORNAMENTAL GRASSES TO BE EXEMPT
FROM THE GRASS HEIGHT LIMITATION
WHEREAS, in June of 1994, the Fort Collins City Council (the "Council") adopted
Ordinance No. 89, 1994, in which it established the Xeriscape Certification Program (the
'Program"); and
WHEREAS,the purpose of the Program was to recognize and encourage water conservation
landscapes, known as xeriscapes, in keeping with City's water demand management policy; and
WHEREAS, xeriscape landscapes often include ornamental grasses that exceed six inches
in height; and
WHEREAS,Section 20-42(c)of the Code of the City of Fort Collins prohibits such grasses
from growing to a height of more that six (6) inches; and
WHEREAS, Ordinance No. 89, 1994, therefore established a variance in Section 20-43(b)
of the City Code from the enforcement of the grass height limitation in Code Section 20-42(c),
provided that the xeriscape landscape was certified under the Program; and
WHEREAS, since the Program was implemented, the Fort Collins Water Utility, which is
responsible for issuing xeriscape certifications under the Program,has received only two applications
for certification, granting one and recently denying the other; and
WHEREAS,the applicants for the xeriscape certification that was recently denied appealed
such denial to the Council, which appeal the Council considered on May 16, 2000, and then issued
its decision in Resolution 2000-72 on May 16, 2000; and
WHEREAS, in Resolution 2000-72, the Council determined that the Program had been
improperly adopted under Ordinance No. 89, 1994, and therefore directed the City Manager to hold
in abeyance all pending applications for xeriscape certification and further directed the City Manager
to provide research and information to the Council concerning the possible future adoption of an
ordinance regarding the Council's delegation of authority regarding the Program; and
WHEREAS,the City Manager and his staff have reviewed the Program and have determined
that in their opinion the Program should be discontinued since it is difficult to administer under
criteria related to the aesthetics of xeriscape landscaping and since water conservation through
encouraging xeriscape landscapes can be achieved by other means; and
WHEREAS,the City Manager and staff have also determined that while most grasses should
be subject to the height limitation of Section 20-42(c) of the City Code, there are certain grasses,
known as "ornamental grasses",that do not need to be subject to such height limitations so long as
they are only used as a supplement to a property's overall landscaping and not as substitute for
traditional turf grasses; and
WHEREAS,the Council has therefore determined that it is in the best interests of the public's
health, safety and welfare that the Program be discontinued, that the current City Code provisions
relating to the Program be repealed, and that "ornamental grasses" be excepted from the height
limitation of Section 20-42(c) under certain circumstances.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 20-41 of the Code of the City of Fort Collins is amended by the
addition of a definition for"ornamental grasses"and by the deletion of the definition for"xeriscape
certification," as follows:
Sec. 20-41. Definitions.
Ornamental grasses shall mean any of the following grasses: yellow foxtail
(Alopecurus pratensis), blue or western wheatgrass (Agropyron smithii or
Pascopyrum smithii), big bluestem (Andropogon gerardii), bulbous oatgrass
(Arrhenatherum elatius), sideoats grama (Bouteloua curtipendula), blue grama
(Bouteloua gracilis or Chrondrosum gracile), rattlesnake or quaking grass (Briza
media), feather reed grass (Calamagrostis acutiflora or C. arundinacea), northern
sea oats (Chasmanthium latifolium), pampas grass (Cortaderia selloama), lemon
grass(Cymbopogon citratus),tufted hair grass(Deschampsia caespitosa),blue lyme
grass (Elymus arenarius), sand love grass (Eragrotis trichodes), ravenna or plume
grass (Erianthus ravennae or Saccharum ravennae), blue fescue (Festuca cinerea,
F. ovina, or F. glauca), variegated mannagrass (Glyceria maxima variegata), blue
oatgrass (Helictotrichon sempervirens), velvet grass (Holcus lanatus), Japanese
blood grass (Imperata cylindrica),junegrass (Koeleria cristata, K. gracilis, or K.
macrantha), woodrush (Leymus spp. or Luzula spp.), hairy melic grass (Melica
ciliata),giant Chinese silvergrass (Miscanthus floridulus or M. giganeus),Japanese
silvergrass (Miscanthus oligostachys), silver banner grass (Miscanthus
sacchariflorus), maiden grass or silvergrass (Miscanthus sinensis), moor grass
(Molina caerulea), muhly grass (Muhlenbergia spp.), Indian ricegrass (Oryzopis
hymenoides or Achnatherum hymenoides), switchgrass (Panicum virgatum),
feathergrass (Pennisetum alopecuroides), tender fountain grass (Pennisetum
setaceum), feather top (Pennisetum villosum), ruby grass (Rychelytrum neriglume),
little bluestem (Schizachyrium scoparium or Andropogon scoparius), autumn
moorgrass (Sesleria autumnalis), Indian grass (Sorghastrum nutans or S.
avenaceum),cord grass(Spartina spp.),frost or graybeard grass(Spodiopogon spp.),
prairie dropseed (Sporobolus heterolepis), and any other species of grass approved
by the City Manager that is customarily used for ornamental purposes and not as a
turf grass.
Section 2. That Section 20-42(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-42. Nuisance declared; regulations.
(a) All weeds, brush piles, unmowed grasses required to be mowed under
paragraph (c) of this Section, refuse and rubbish on a property within the city are
hereby declared to be a nuisance and a menace to the health and safety of the
inhabitants of the city.
Section 3. That Section 20-42(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
(c) Except as is provided in paragraph (d) of this Section, it is unlawful for the
owner of any property to permit weeds and grasses to grow upon such property to a
height of more than six (6) inches; provided, however, that this paragraph (c) shall
not be applicable to any ornamental grass so long as it is used solely, or in
combination with any other ornamental grass or grasses, as a supplement to the
property's overall landscaped area and does not constitute in square footage more
than twenty (20) percent of the property's overall landscaped area.
Section 4. That Section 20-43(b) of the Code of the City of Fort Collins is hereby
repealed in its entirety and Section 20-43(c) is renumbered as Section 20-43(b) as follows:
Sec. 20-43. Exceptions.
(b) An owner of a tract of land that has been certified as a natural area is permitted
to have grasses growing in excess of twelve(12)inches high.This exception will be
limited to the grass species and areas of the site identified with the certification
document.
Introduced and considered favorably on first reading and ordered published this 15th day of
August, A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000.
Mayor
ATTEST:
Z
City Clerk
Passed and adopted on final reading this 5th day of September, AD 2000.
Mayor
ATTEST:
City Clerk ,•