(D) Weeds. All premises shall be maintained free from weeds or plant growth in excess of ten inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided, however, this term shall not include cultivated flowers and gardens. Any plant growth exceeding ten inches in height on land of more than three acres that abuts another parcel which contains a dwelling or commercial building thereon other than crops, trees, bushes, flowers or other ornamental plants, shall be at least 50 feet from the property line or 200 feet from an occupied structure, whichever is less.
(E) Managed natural landscape. As an exception to section (D), an owner, authorized agent, or authorized occupant of any privately-owned lands or premises may, consistent with this subsection and all other applicable laws, statutes, rules, and ordinances, install and maintain a managed natural landscape such as native plantings, meadow vegetation, prairie, or rain garden, as long as the following requirements are met:
(1) At all times the managed landscape must remain in compliance with Chapter 97 of the Louisville/Jefferson County Metro Government Code of Ordinances. In addition, the managed landscape must be set back from property lines by at least five feet. The setback is not required where the defined landscape area abuts another similar private or public landscape area, a wetland, pond, lake or stream or if a fully opaque fence at least four feet in height is installed along the lot line adjoining the planned landscape area; and
(2) The managed landscape must be mowed or cut back at least once per year in addition to ongoing maintenance: and