Loading...
A landscape and tree manual is provided by the director as a technical guide for conserving, protecting, maintaining, and establishing the green infrastructure, landscape, and urban forest of the city in conjunction with this article. The director shall maintain the landscape and tree manual. (Ord. Nos. 22053; 22581; 25047; 25155; 30929)
(a) In general and landscaping.
(1) The board may grant a special exception to the requirements of Division 51A-10.100 and Division 51A-10.120, other than fee and notice requirements, upon making a special finding from the evidence presented that:
(A) strict compliance with the requirements of Division 51A-10.100 or Division 51A-10.120 will unreasonably burden the use of the property;
(B) the special exception will not adversely affect neighboring property; and
(C) the requirements are not imposed by a site-specific landscape plan approved by the city plan commission or city council.
(2) In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:
(A) The extent to which there is residential adjacency.
(B) The topography of the site.
(C) The extent to which landscaping exists for which no credit is given under this article.
(D) The extent to which other existing or proposed amenities will compensate for the reduction of landscaping.
(b) In general and urban forest conservation.
(1) The board may grant a special exception to the requirements of Division 51A-10.130, other than fee and notice requirements, upon making a special finding from the evidence presented that:
(A) strict compliance with the requirements of Division 51A-10.130 will unreasonably burden the use of the property;
(B) the special exception will not adversely affect neighboring property; and
(C) the requirements are not imposed by a site-specific landscape plan or tree mitigation plan approved by the city plan commission or city council.
(2) In determining whether to grant a special exception under Paragraph (1), the board shall consider the following factors:
(A) The extent to which there is residential adjacency.
(B) The topography of the site.
(C) The extent to which landscaping exists for which no credit is given under this article.
(D) The ability to plant replacement trees safely on the property.
(E) The extent to which alternative methods of replacement will compensate for a reduction of tree mitigation or extended time for tree replacement. (Ord. Nos. 22053; 25155; 30929)
(a) Except as provided in this article, this division does not apply to the following:
(1) Property governed by a landscape plan approved by the city council, the city plan commission, or the board of adjustment.
(2) Property lots in the following districts:
(A) The Dallas Arts District (Planned Development District Nos. 145 and 145-H/18).
(B) The Deep Ellum/Near East Side District (Planned Development District No. 269).
(C) The Oak Lawn Special Purpose District (Planned Development District No. 193).
(D) Central area districts.
(3) Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of this section, "restoration" means the act of putting back into a former or original state.
(4) Property located within or in close proximity to an airport boundary if the city's director of aviation determines that the required landscape materials will threaten public health or safety.
(b) Only Section 51A-10.125(a) of this division applies to lots containing single family or duplex uses.
(c) This division only becomes applicable to a lot or tract when the nonpermeable coverage on the lot or tract is increased by more than 2,000 square feet within a 24-month period, not including portions of pedestrian pathways, that are between three feet in width and 15 feet in width, or when an application is made for a building permit for construction work that:
(1) increases the number of stories and increases the height of a building on the lot; or
(2) increases by more than 35 percent or 10,000 square feet, whichever is less, the combined floor areas of all buildings on the lot within a 24-month period. The increase in combined floor area is determined by adding the floor area of all buildings on the lot within the 24 months prior to application for a building permit, deducting any floor area that has been demolished in that time or will be demolished as part of the building permit, and comparing this figure with the total combined floor area after construction.
(d) When this division becomes applicable to an individual lot or tract, its requirements are binding on all current and subsequent owners of the lot or tract.
(e) The city council shall, as a minimum, impose landscaping requirements that are reasonably consistent with the standards and purposes of this division as a part of any ordinance establishing or amending a planned development district, or granting or amending a specific use permit. (Note: This subsection does not apply to ordinances that merely renew a specific use permit when no substantive changes are made other than to extend the time limit of the permit.) All landscaping requirements imposed by the city council must be reflected in a landscape plan that complies in form and content with the requirements of Section 51A-10.123 and complies with Division 51A-10.100.
(Ord. Nos. 19455; 19786; 20496; 22053; 25155; 30929)
(a) In general. If the building site is over two acres in size, the applicant may request that the building official create an artificial lot to satisfy the requirements of this division. The building official shall not create an artificial lot which would, in his or her opinion, violate the spirit of the landscape regulations. Any artificial lot created by the building official must:
(1) wholly include the area on which the construction work is to be done;
(2) have an area that does not exceed 50 percent of the area of the developed or undeveloped building site;
(3) include all new exterior paving additions except portions of pedestrian pathways, that are between three feet in width and 15 feet in width;
(4) include the street buffer zone for new construction or additions that are located wholly, or in part, within 60 feet of the nearest street frontage; and
(5) include the residential buffer zone for new construction or additions that are located wholly, or in part, within 60 feet of the nearest residential adjacency.
(b) In city parks over five acres. In city parks over five acres in size, the director of park and recreation may create an artificial lot to satisfy the requirements of this division.
(1) Except as provided in this subsection, any artificial lot created by the director of park and recreation must wholly include the area on which the construction work is to be done.
(2) Portions of pedestrian pathways that are between three feet and 15 feet in width are excepted from this requirement.
(c) Platting not required. An artificial lot need not be platted; however, it must be delineated on plans approved by the building official prior to the issuance of a building permit. (Ord. Nos. 19455; 20496; 22053; 30929)
Loading...