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9-6-6: NONRESIDENTIAL USE LIGHTING REQUIREMENTS:
   A.   All exterior lighting shall be regulated to eliminate light spillover and glare on motor vehicle operators, pedestrians, and land uses within the light source's proximity. Safety considerations are the basis of the following regulations, especially with respect to motor vehicles. In other cases, the regulations protect against both nuisance and hazard aspects of glare or excess light.
   B.   Any time exterior lighting is installed or substantially modified and whenever a building permit is sought, an exterior lighting plan shall be submitted to the planning director to determine whether the lighting requirements have been met and that adjoining property will not be adversely impacted by the proposed lighting. The lighting plan shall indicate the types and heights of luminaires to be used and submit an illumination level plan showing the illumination at ten foot (10') intervals.
   C.   There are two (2) types of nonresidential lighting sources available (see figure A, "Types Of Light Sources Or Luminaires", of this section). One is a fixture having no cutoff, directing the light to limit view of the light source or luminaire. The second is a cutoff fixture, shielding the light source from view. The maximum permitted illumination and the maximum permitted luminaire height shall conform with this section. All nonresidential property shall meet the following lighting standards:
   FIGURE A
   TYPES OF LIGHT SOURCES OR LUMINAIRES
 
   D.   All fixtures shall be "cutoff" fixtures that limit lighting that is visible or measurable at the property line. "No cutoff" fixtures may be used only for decorative purposes, provided:
      1.   They have luminaires that produce no more than one thousand five hundred (1,500) lumens (approximately equal to a 100W incandescent bulb);
      2.   They have a maximum height of fifteen feet (15'); and
      3.   They use energy efficient bulbs, such as compact fluorescent (CF).
   E.   If abutting or nearby properties zoned for residential use, cutoff fixtures shall be used so that the light source cannot be seen from the residential property, except as provided in subsection D of this section.
   F.   The maximum illumination at a property line abutting or across the street from residential zoning shall not exceed two-tenths (2/10) foot-candle. On abutting nonresidential properties or public streets, the maximum illumination at the property line shall not exceed five (5) foot-candles.
   G.   The maximum illumination at any point on the property shall not exceed sixty (60) foot-candles. If additional light is necessary, it shall be provided within an enclosed structure.
   H.   Canopy lighting for uses that have sheltered outside work or service areas, such as gas stations, shall not exceed the maximum intensity of subsection G of this section. The luminaires shall be recessed into the canopy so they cannot be viewed from off site from an eye height of four feet (4') to protect automobile drivers from glare.
   I.   Outside wall mounted lighting shall also comply with the standards of this chapter, except that lighting that is required by the federal aviation administration shall comply with federal standards.
   J.   Shielded spots shall be screened by evergreen landscaping, walls, berms, or cutoff shielding so the light source is not visible off site. In most cases, a combination of cutoff shielding and a landscape or other feature will be needed to provide the necessary screening. Figure B, "Shielded Spots", of this section provides an example of how this objective is to be accomplished.
   FIGURE B
   SHIELDED SPOTS
 
   K.   The city may require the modification or removal or limited operation of existing or new lighting fixtures found to be a public hazard or public nuisance according to the following criteria:
      1.   Light trespass or glare which is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle.
      2.   Light trespass or glare that impairs a person's visual performance or ability to avoid obstacles in their path.
      3.   Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of a property.
      4.   A high frequency and/or duration of periods when light trespass or glare is sufficient to interrupt or interfere with usual and reasonable use and enjoyment of a property.
      5.   Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any person from the usual and reasonable enjoyment of the public streets and properties of the city. (Ord. 09-04-15, 4-21-2015)
9-6-7: ACCESSORY STRUCTURE SCREENING:
   A.   The following landscape and screening requirements shall apply to premises when used for multi-family, mobile home parks with community dumpster service or nonresidential uses:
      1.   Common areas with dumpster garbage bins used to dispose and contain trash and other refuse shall be screened from the general public’s view pursuant to the terms outlined in Section 4-3-3, i.e., garbage dumpster bin shall be entirely buffered with a minimum six feet (6') high opaque fence/wall; and equipped with opaque doors constructed of either wood or metal or other viable screen material that is durable and aesthetic. This provision shall also apply to existing dumpster bin users, regardless of pre-existing tenure, should there be a health risk to the public.
      2.   Exterior ground mounted equipment, including mechanical equipment, utility meter banks, and heating/cooling equipment, must be screened from the general public's view with landscaping of sufficient height to satisfy the intent of this regulation with perpetual maintenance to be incidentally accomplished to retain such screened effect.
      3.   All rooftop equipment must be screened from the general public's view with an architectural treatment which is compatible with the building's architecture. The methods of screening rooftop equipment include the use of parapet walls, and the encasement of partition screens.
      4.   All materials, products, or equipment which are stored outside of a fully enclosed building, other than for display (sales) purposes, must be entirely screened from the general public's view.
      5.   For the purposes of this specific section, "screened from the general public's view" means not visible at eye level from any point on the lot line of the abutting premises or from any point on the adjoining street.
(Ord. 09-04-15, 4-21-2015; amd. Ord. 79-2-24, 2-6-2024)
9-6-8: TREE PRESERVATION:
   A.   The landscape plan must identify the location of all existing shade or ornamental trees with a caliper equal to or greater than six inches (6"), reflecting which are to be preserved and which will be removed.
   B.   The landscape plan must be designed whenever reasonably possible to preserve existing shade trees. The city's planning director may approve a landscape plan that provides for the removal of existing shade trees where it is determined that the development cannot reasonably preserve the shade trees. For each existing shade tree or ornamental tree that is preserved, the owner may receive credit for two (2) such trees that are otherwise required to be planted to comply with these regulations. However, if there are no trees "preserved" in the front yard area or front parking lot area, then sections 9-6-4 and 9-6-5 of this chapter shall remain in full force to still be complied with.
   C.   If the planning director approves the removal of an existing shade or ornamental tree, the landscape plan shall provide for the replacement of equivalent tree calipers; i.e., if a ten inch (10") caliper tree is removed, then a total of ten inch (10") calipers must be replaced.
   D.   Whenever one or more existing shade or ornamental trees, or existing shrubs provide an effective and desirable buffer or screen, the planning director may require that the existing trees, shrubs, or portions thereof, be preserved if the preservation can be accomplished without undue interference with the development. The planning director will credit any existing shade or ornamental trees, or shrubs which are preserved against any requirements for shade trees, shrubs, or screening as provided in these regulations, if the preserved shade or ornamental tree or shrubs substantially serve the purpose of the landscape requirements.
   E.   In some instances the removal of tree calipers is so great that the number of trees needed would surpass the minimum required by this code. In such cases, the owner may dedicate the additional trees to the city for use on city properties. (Ord. 09-04-15, 4-21-2015)
9-6-9: LANDSCAPE PLAN AND DEVIATIONS:
   A.   For any premises to be developed for multi-family residential or nonresidential use, a landscape plan must be submitted to the city showing how the requirements of these regulations are to be met. If the plan meets the regulations, the planning director may approve the landscape plan.
   B.   Where improvements are proposed to a developed premises devoted to a nonresidential use that was developed prior to the effective date hereof and does not meet the landscaping requirements of this chapter, the planning director may approve a landscape plan with deviations from the requirements of this chapter or impose alternative requirements that serve the purpose and intent of this chapter, if the requirements of this chapter cannot be reasonably complied with because of the existing developed conditions.
   C.   In approving a landscape plan, the planning director may allow or require minor deviations from the requirements of this chapter whenever a literal application of a requirement to a premises that would, because of unusual circumstances or situations not generally common to other premises, not achieve the purposes or intent of the regulation or cause an undesired result. (Ord. 09-04-15, 4-21-2015)
9-6-10: DESIGN PLANTING AND CRITERIA:
   A.   Any tree, shrub, plant, fence, or screen installed to satisfy the requirements of this chapter must meet the following requirements:
      1.   Trees must be a minimum of seven feet (7') in overall height immediately after planting and must be a minimum of three inches (3") caliper. Trees having an average mature crown spread of less than fifteen feet (15') in diameter may be grouped in sufficient number so as to create the equivalent of a fifteen foot (15') crown spread. Any trees or plants used to meet the requirements of these regulations are recommended to be one of the preferred trees or plants listed in section 9-6-11 of this chapter.
      2.   If residential or nonresidential property owners wish to use palms instead of the trees on the list, the property owners shall provide two (2) palm trees for every one shade or ornamental tree required by this code.
      3.   Shrubs must have a minimum of two feet (2') in height when measured immediately after planting. When used for screening purposes, the shrubs must not be separated by more than two and one-half feet (21/2'). Whenever hedges are used to meet a screening requirement, the plants must be planted and maintained so as to form a continuous, unbroken, solid, visual screen within one year of planting.
      4.   Vines must be a minimum of thirty inches (30") in height immediately after planting and may be used in conjunction with fences to meet physical barrier/buffer requirements. Any buffer fence installed to meet the requirements of these regulations must, unless otherwise specified, be constructed of wood, stone, brick, masonry, stucco, or concrete.
      5.   Ground covers used in place of grass, in whole or in part, must be planted to present a finished appearance and reasonable complete coverage within three (3) months after planting.
      6.   Grass must be of a species normally grown as permanent lawns in the Texas Rio Grande Valley region.
      7.   Earthen berms shall have side slopes not to exceed three to one (3:1) (3 feet of horizontal distance for each 1 foot of height). All berms shall contain necessary drainage provisions, as may be required by the project/city engineer.
      8.   Solid sod must be used to provide coverage and soil stabilization in swales or other areas subject to erosion.
      9.   Detention and retention basins and ponds must be landscaped with shade and ornamental trees, shrubbery, hedges, or other plants.
      10.   Indigenous and drought resistant plant material should be used, but if not used, an irrigation system shall be installed or a watering source made readily available within one hundred feet (100'). (Ord. 09-04-15, 4-21-2015)
9-6-11: PREFERRED LANDSCAPE MATERIALS:
   A.   Preferred trees and shrubs to be used to meet the city landscaping standards include, but are not specifically restricted to:
Plant Type
Botanical Name
Common Name
Plant Type
Botanical Name
Common Name
Shade trees
Celtis laevigata
Sugar hackberry; palo blanco
Ehretia anacua
Sugarberry; anacua
Fraxinum berlandieriana
Rio grande ash; fresno
Leucaena pulverulenta
Lead tree; tepeguaje
Pithecellobium ebano
Texas ebony; ebano
Prospis glandulosa
Honey mesquite
Quercus virginiana
Live oak; encino
Ulmus crassifolia
Cedar elm; olmo
Ornamental trees
Acacia berlandieri
Guajillo
Acacia smallii
Texas huisache
Bumelia celastrina
Saffron-plum; coma del sur
Celtis pallida
Spiny hackberry; granjeno
Cercidium texanum
Texas palo verde
Condalia hookeri
Brasil; bluewood
Cordia boissieeri
Mexican olive; anacahuita
Diospyros texana
Persimmon; chapote
Esenbeckia runyonii
Jopoy
Guaiacum angustifolium
Soapbush; guayacan
Lagerstroemia indica
Crepe myrtle
Parkinsonia aculeata
Retama; lluvia de oro
Pithecellobium pallens
Tenaza
Sapindus drummondii
West soapberry; jabonciilo
Sophora secundiflora
Mountain laurel
Screening shrubs
Acacia rigidula
Black brush
Citherexylum berlandieri
Fiddlewood; tamaulipan
Leucophyllum frutescens
Purple sage; cenizo bouganvillea
Photinia fraseri
Oleander
Xylosma flexuosa
Holly; coronillo
Mass planting shrubs
Coursetia axillaris
Texas baby-bonnets
Croton humilis
Low croton
Malpighia glabra
Manzanita
Salvia ballotiflora
Blue sage; mejorana
Schaefferia cuneifola
Desert yaupon; capul
Sophora tomentosa
Yellow sophora; tambalisa
Viguiera stenoloba
Skeletonbush
Ground cover plantings
Buchloe dactyloides
Buffalo grass verbena
Lantana horrida
Texas lantana
Ruellia corzoi
Ruellia
Vines
Passiflora filipes
Yellow passion vine
Passiflora foetida
Blue passion vine
 
(Ord. 09-04-15, 4-21-2015)
9-6-12: LANDSCAPE IRRIGATION REQUIREMENTS:
   A.   Definitions:
   IRRIGATION SYSTEM: An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion.
   IRRIGATOR: A person who sells, designs, consults, installs, maintains, alters, repairs, supervises installations or services an irrigation system, including the connection of such system in and to a private or public, raw or potable water supply system or any water supply.
   B.   License Requirements For Landscape Irrigators And Permitting Requirements:
      1.   Securing Permits: It shall be unlawful for any person, firm or corporation who is not licensed by TCEQ as an irrigator to secure permits as provided herein. The irrigator shall furnish the name or names of persons who are authorized to sign permit applications and shall maintain it as updated as possible.
      2.   Landscape Irrigation Permits:
         a.   A permit is required for landscape irrigation systems installed within the city limits and the extraterritorial jurisdiction of the city of Alamo.
         b.   It shall be the duty of the irrigator to ensure that the installation of landscape irrigation systems conform to the minimum prevailing standards and specifications set forth by TCEQ.
         c.   The applicant must provide a copy of their irrigator's license, Texas driver's license and a copy of their liability insurance, prior to receiving a permit to install a landscape irrigation system.
         d.   A permit fee of one percent (1%) of the total cost or sixty six dollars ($66.00), whichever is greater, shall be required for the inspection and administering of the landscape irrigation requirements as allowed under HB 1656.
         e.   The requirements under this section do not apply to:
            (1)   On site sewage disposal systems;
            (2)   An irrigation system used on or by an agricultural operation;
            (3)   Or connected to a groundwater well used by the property owner for domestic use. (Ord. 09-04-15, 4-21-2015)