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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)
(a) If this division applies to a lot pursuant to Section 51A-10.121, a landscape plan must be submitted to the building official with the application for a building permit for work on the lot. For landscape plans that are not submitted electronically, a landscape plan submission must consist of two blueline or blackline prints. The plan must have a scale of one inch equals 50 feet or larger (e.g. one inch equals 40 feet, one inch equals 30 feet, etc.) and be on a standard drawing sheet of a size not to exceed 36 inches by 48 inches. A plan which cannot be drawn in its entirety on a 36 inch by 48 inch sheet must be drawn with appropriate match lines on two or more sheets.
(b) Except as provided in this article, any person may prepare the landscape plan required under this division.
(c) A landscape plan required under this division must contain the following information:
(1) Date, scale, north point, and the names, addresses, and telephone numbers of each property owner and the person preparing the plan.
(2) Location of existing boundary lines and dimensions of the lot, the zoning classification of the lot, and the zoning classification of adjacent properties. A vicinity map should also be attached to or made a part of the plan.
(3) Approximate centerlines of existing water courses and the location of the flood plain, the escarpment zone, and geologically similar areas, as those terms are defined in Article V, if applicable; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, driveways, and sidewalks on or adjacent to the lot.
(4) Location of centerlines of overhead and underground utility lines within and adjacent to the building site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment, and any items listed in Section 51A-10.104(h).
(5) Project name, street address, and lot and block description.
(6) Location, height, and material of proposed screening and fencing (with berms to be delineated by one-foot contours).
(7) Locations and dimensions of required landscape areas.
(8) Complete description of plant materials shown on the plan, including names (common and scientific name), locations, quantities, container or caliper sizes at installation, heights, spread, and spacing. The location and type of all existing trees on the lot over six inches in diameter must be specifically indicated to be counted as required landscape trees.
(9) Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces.
(10) An indication of which protected trees will be removed during construction and how existing healthy trees proposed to be retained will be protected from damage during construction.
(11) Size, height, location, and material of proposed seating, lighting, planters, sculptures, and water features.
(12) A description of proposed watering methods or an irrigation plan.
(13) Location of visibility triangles on the premises (if applicable).
(14) Existing and proposed locations of trees transplanted on-site. (Ord. Nos. 19455; 10496; 22053; 30929)
(a) In general. The building official shall review each landscape plan submitted to determine whether it complies with the requirements of this division. All landscape plans must comply with the mandatory provisions in Section 51A-10.125. In addition, all landscape plans must meet the minimum number of landscape design option points described in Section 51A-10.126. Except as provided in this article, the same landscape features and elements may be strategically placed so as to comply with more than one provision. (For example, the same trees may be located so as to qualify as required street buffer zone trees and required parking lot trees.)
(b) Landscape plan revisions. If requested by the applicant, the building official may approve revisions to staff-approved landscape plans and related permits if the revisions further the spirit and intent of this article. Revisions of elements required by this article are limited to:
(1) Substitution of more appropriate plant species.
(2) Revisions required by utility conflicts.
(3) Locations of plant materials up to a maximum of 10 feet. (Ord. Nos. 19455; 20496; 22053; 30929)
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