§ 7-1.103. General.
(a)
The following public facility encroachments shall be allowed within the sidewalk-planting strip: Above or below ground telephone, gas, electrical and cable television distribution facilities, streetlights, fire hydrants, fire alarms, street trees or other facilities of general public benefit. No person shall plant a tree in the planting strip or in the planting easement except as provided in Chapter 5 of Title 7 of this Code.
(b)
The following encroachments or a combination thereof limited to a maximum of thirty-six (36) inches in height as measured from the top of the curb shall be allowed in residentially zoned areas without benefit of an encroachment permit within any planting strip not located between the sidewalk and the curbline:
(1)
Fences;
(2)
Hedges;
(3)
Planters;
(4)
Shrubs and landscaping materials;
(5)
Sprinkler systems;
(6)
Retaining walls;
(7)
Earth berms.
(c)
The following encroachments limited to a maximum of seventy-two (72) inches in height as measured from the top of the curb shall be allowed in residentially zoned areas without benefit of an encroachment permit within any planting strip not located between the sidewalk and the curbline and not located in the clear vision triangle, as defined in Section 10-2.2314 of this Code; provided that no portion of said encroachment shall overhang the sidewalk;
(1)
Mailboxes;
(2)
Lamps and lampposts.
(d)
In residentially zoned areas where the planting strip is located between the sidewalk and the curbline, no encroachments shall be allowed without a permit other than plant life no higher than eighteen (18) inches as measured from the top of the curb, underground sprinkler systems and mailboxes; provided that no encroachment shall overhang the curb or sidewalk.
(e)
Lawn only is allowed in the sidewalk area of the sidewalk-planting strip in those areas where a sidewalk has not been constructed.
(f)
It shall be the property owner's responsibility to maintain the sidewalk-planting strip and any encroachments therein in a good state of repair at all times. The property owner shall hold the city harmless from all damages, costs and charges of any kind or character arising out of, relating to or in any way connected with the condition of the sidewalk-planting strip.
(Amended by Ord. 782-C.S., and Ord. 1645 C.S., § 1, effective 10-19-77)