§ 25-2-1023. ROADWAY VEGETATIVE BUFFER.

(A)

Except as otherwise provided by this section, vegetation within 100 feet of the dedicated right-of-way may not be cleared, unless the clearing is necessary to provide utilities and access to the site.

(B)

Except as otherwise provided by Subsection (D), in the roadway corridor along the Southwest Parkway:

(1)

vegetation within 50 feet of the dedicated right-of-way or drainage easement may not be cleared, unless the clearing is necessary to provide utilities and access to the site; and

(2)

a building must be at least 75 feet from the dedicated right-of-way or drainage easement.

(C)

The council may, after a public hearing, waive the requirements of Subsection (B) for a site if the owner dedicated the right-of-way or a drainage easement to the public at no cost.

(D)

Except as otherwise provided in Subsection (E), in a roadway corridor along a parkway identified in the Transportation Plan, other than Southwest Parkway:

(1)

vegetation within 25 feet of the dedicated right-of-way or drainage easement may not be cleared, unless the clearing is necessary to provide utilities and access to the site; and

(2)

a building must be at least 50 feet from the dedicated right-of-way or drainage easement.

(E)

An area described in this section in which clearing is prohibited may not exceed 20 percent of the acreage of an applicant's property.

Source: Sections 13-7-66(b)(2) and (3) and 13-2-781(d); Ord. 990225-70; Ord. 031211-11.