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(a) Single family and duplex uses.
(1) General. Except as provided in Section 51A-10.127, a lot containing a single family or duplex use established after May 29, 1994, must comply with this subsection before the final inspection of any building on the lot. The minimum number of trees required on a lot is determined by the lot size. The trees may be located in the public right-of-way if all private licensing requirements of the city code and charter are met.
(A) Lots 7,500 square feet or greater in area. A minimum of three large or medium nursery stock trees per lot with a minimum of two nursery stock trees in the front yard.
(B) Lots between 4,000 square feet and 7,499 square feet in area. A minimum of two large or medium nursery stock trees per lot with a minimum of one nursery stock tree located in the front yard.
(C) Lots 4,000 square feet or less in area. A minimum of one large or medium nursery stock tree per lot.
(D) Additional requirements:
(i) Nursery stock trees must be a species listed in the approved tree list maintained by the director.
(ii) Trees must have a minimum caliper of two inches.
(iii) Trees must be planted a minimum of 20 feet on center from the nearest point of an overhead electric line.
(iv) An existing, healthy, and protected tree on the lot or parkway may count as a required tree if it is not a boundary tree abutting adjacent private property.
(2) Shared access development.
(A) Shared access developments must comply with the following requirements:
(i) A landscape plan meeting the requirements of Section 51A-10.104 and Section 51A-10.123 must be approved before a building permit for grading is issued or a private development contract pursuant to Section 51A-8.612 is approved, in conjunction with construction.
(ii) The minimum required landscape area for a shared access development is determined by the number of individual lots. Landscape areas in individual lots may be included in the total landscape area measurement for developments with a maximum of 36 individual lots. Permeable pavement does not count as landscape area.
(aa) Shared access developments with a maximum of 10 individual lots must provide a minimum landscape area equal to 10 percent of the total shared access development area.
(bb) Shared access developments with a minimum of 11 and a maximum 36 individual lots must provide a minimum landscape area equal to 15 percent of the total shared access development area.
(iii) One site tree must be provided for every 4,000 square feet within the shared access development. The trunk of any site tree must be located at least two-and-one-half feet from any pavement. Site trees must be species listed in the approved tree list. Large or medium nursery stock trees may not be planted within 20 feet on center of the nearest point of an overhead electric line.
(iv) One plant group must be provided for every 40 feet of street frontage. Plant groups may be located within the front yard or parkway if all private licensing requirements of the city code and charter are met. In this subparagraph, parkway means the portion of a street right-of-way between the projected street curb and the front lot line or corner side lot line. If the director determines that a large or medium tree would interfere with utility lines, one substitute small tree from a species listed in the approved tree list may be provided.
(B) Plant groups for shared access developments must include the following:
(i) one large tree and two small trees;
(ii) one large tree and three large evergreen shrubs; or
(iii) one large tree, two small trees, and one large evergreen shrub.
(b) Other uses. Lots containing a use other than single family or duplex must comply with the following requirements:
(1) Street buffer zone. Except as provided in this subsection, the landscape area provided along the entire length of the lot adjacent to a public right-of-way, excluding paved surfaces at points of vehicular ingress and egress, must meet the following minimum requirements:
Right-of-way | Average Depth | Minimum Depth | Maximum Depth |
Freeways | 15 feet | 5 feet | 50 feet |
Arterials and community collectors | 10 feet | 5 feet | 30 feet |
Local and residential collectors | 7.5 feet | 5 feet | 25 feet |
(A) Urban streetscape. The building official may approve a landscape plan for an urban streetscape that meets the following requirements:
(i) A minimum six foot wide planting area is required that meets the minimum soil area and volume requirements in Section 51A-10.104.
(ii) The planting area may be designed with open soil areas or covered soil areas.
(iii) The planting area is measured from the property line unless the building official determines that the planting area may be measured from the back of curb if necessary due to physical restraints of the property, including conflicts with local utilities.
(iv) A minimum of one design option must be provided in the front yard or right-of-way area.
(B) Right-of-way. The right-of-way adjacent to the property line may be used to satisfy the required street buffer zone subject to:
(i) a minimum depth of five foot maintained along the property as a street buffer zone;
(ii) local utility location;
(iii) appropriate planting conditions; and
(iv) city licensing and permit requirements.
(C) Required planting.
(i) Except as provided in this subparagraph, one large or medium street buffer tree must be provided for every 40 linear feet of frontage.
(ii) For frontages less than 20 linear feet, a large or medium street buffer tree is not required.
(iii) Large or medium trees must have a minimum caliper of three inches.
(iv) When existing conditions prohibit planting large trees or medium trees, the building official may approve two small trees be substituted for each large tree or medium tree.
(D) Buffer zone reduction. Properties less than 10,000 square feet may reduce the street buffer zone to the greater of:
(i) a minimum depth of five feet; or
(ii) an area no less than five percent of the total lot area.
(2) Residential buffer zone.
(A) A landscape area must be provided along that portion of the perimeter of a lot where residential adjacency exists. The residential buffer zone must have an average depth of 10 feet, a minimum depth of five feet, and a maximum depth of 30 feet. No portion of the residential buffer zone may exceed 10 percent of the lot depth excluding paved surfaces at points of vehicular and pedestrian ingress or egress.
(B) The residential buffer zone must include a minimum of one plant group every 40 feet. Plant groups must include:
(i) Where screening is required, one minimum three-inch caliper large or medium tree.
(ii) Where screening is not required:
(aa) one large or medium tree and three small trees;
(bb) one large or medium tree and three large evergreen shrubs;
(cc) one large or medium tree, two small trees, and one large evergreen shrub; or
(dd) one large or medium tree, one small tree, and two large evergreen shrubs.
(C) If the building official determines that the location of a local utility prohibits planting large trees or medium trees, two small trees may be planted for each large tree or medium tree.
(D) Large or medium trees must have a minimum caliper of two inches.
(3) Interior zone.
(A) Surface parking lots in industrial districts. The requirements in Section 51A-10.125 (b)(3)(B)(iv) for surface parking lots with 100 spaces or more, do not apply to industrial and warehouse uses in IM or IR districts that provide a minimum of one tree meeting the requirements for trees in the street buffer zone for each 25 feet of frontage.
(B) Surface parking lots.
(i) Required large and medium trees.
(aa) Minimum caliper is three inches.
(bb) Planting must be within a landscape area.
(cc) The center of the trunk at grade must be planted a minimum of four feet from pavement.
(ii) Minimum landscape area. Individual landscape areas must be a minimum of 160 square feet, with a minimum width of eight feet.
(iii) Parking lots with 21 to 100 spaces. No parking space may be located more than 70 feet from the trunk of a large tree or medium tree.
(iv) Parking lots with 101 spaces or more. Except as provided in Paragraph (A):
(aa) No parking space may be located more than 70 feet from the trunk of a large or medium tree.
(bb) Except as provided in this item, a landscape area must be located at each end of a single row of parking spaces and contain a minimum of one large or medium tree.
(I) The building official may waive this requirement in order to preserve existing trees and natural features or due to unique natural site features.
(II) Parking island landscape areas are not required adjacent to handicapped parking spaces.
(cc) Except as provided in this romanette, maximum number of parking spaces allowed between parking island landscape areas is 12. The building official may waive this requirement in order to preserve existing trees and natural features or due to the presence of unique natural site features.
(dd) No maximum number of parking spaces when a parking row:
(I) abuts a median landscape area running the length of the parking row with a minimum of one tree per 40 linear feet;
(II) abuts a residential buffer zone landscape area; or
(III ) abuts a street buffer zone landscape area.
(4) Additional provisions.
(A) Screening of off-street loading spaces.
(i) All off-street loading spaces on a lot with residential adjacency must be screened from that residential adjacency.
(ii) In all districts except CS and industrial districts, all off-street loading spaces on a lot must be screened from all public streets adjacent to that lot.
(iii) The screening required under Subparagraphs (A) and (B) must be at least six feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space and may be provided by using any of the methods for providing screening described in Section 51A-4.602(b)(3).
(B) Site trees.
(i) One tree having a caliper of at least two inches must be provided for each 4,000 square feet of lot area, or fraction thereof, except for industrial and warehouse uses in IM and IR districts, where one tree having a caliper of at least two inches must be provided for each 6,000 square feet of lot area, or fraction thereof.
(ii) Existing protected tree species that are determined by the building official to be healthy may be used to satisfy the site tree requirement, in accordance with the tree credit chart below:
CALIPER OF RETAINED TREE
| NUMBER OF SITE TREES CREDIT GIVEN FOR RETAINED TREE
|
CALIPER OF RETAINED TREE
| NUMBER OF SITE TREES CREDIT GIVEN FOR RETAINED TREE
|
Less than 2 inches | 0 |
2 inches or more but less than 8 inches | 1 |
8 inches or more but less than 14 inches | 2 |
14 inches or more but less than 20 inches | 4 |
20 inches or more but less than 26 inches | 8 |
26 inches or more and less than 32 inches | 10 |
32 inches or more but less than 38 inches | 18 |
38 inches or more | 20 |
(C) Minimum sizes. Except as provided in Subsection (b) of this section, plant materials used to satisfy the requirements of this division must comply with the following minimum size requirements at the time of installation:
(i) Large and medium trees must have a minimum caliper of two inches, or a minimum height of six feet, depending on the standard measuring technique for the species.
(ii) Small trees must have a minimum height of six feet.
(iii) Large evergreen shrubs must have a minimum height of two feet.
(a) Points required for a building site. The minimum number of landscape design option points required for a building site are:
Lot Size | Points Required |
Lot Size | Points Required |
0 to 999 sf | 0 |
1,000 sf to 1,999 sf | 1 |
2,000 sf to 9,999 sf (One point for every 1000 sf) | 2-9 |
10,000 sf to 19,999 sf | 10 |
20,000 sf to 39,999 sf | 15 |
40,000 sf to 2.99 acres | 20 |
3 acres to 9.99 acres | 30 |
10 acres to 19.99 acres | 35 |
20 acres to 49.99 acres | 40 |
50 acres and greater | 50 |
(b) Design options. Points are obtained by meeting design option requirements in order to achieve the total number of points required for the property. Design options and possible points are listed in this subsection. Examples of the design options and their application are provided in the Landscape and Tree Manual.
(1) Plant material bonus. Points may be provided for plant materials added to the landscape design when the required amount of points for a standard design option is deficient by five points or less. All added plant materials must be provided in the front yard. The maximum number of points allowed per building site for the plant material bonus is five.
(A) Large or medium tree caliper increase: One point per additional caliper inch for each required tree (up to a maximum caliper of six inches.)
(B) Additional large shrub plant: 0.25 points.
(C) Additional small tree: 0.5 points.
(D) Additional large or medium tree: one point.
(2) Buffer zones enhancements. The maximum number of points allowed per building site for buffer zone enhancements is 20.
(A) Large enhanced buffer zone. Each required buffer zone depth may be increased by a minimum of five feet. This design option is not available if the buffer zone is reduced to no more than five percent of the lot area. Five points.
(B) Small enhanced buffer zone. A required buffer zone depth may be increased by a minimum of two feet. This design option is not available if the buffer zone is reduced to no more than five percent of the lot area. Two points.
(3) Application of engineered solutions for soil volume. Points may be obtained when using engineered solutions for soil volume when required trees are planted in impervious environments and meet the minimum requirement for soil volume for a maximum total of 10 points. A minimum of 75 percent of required street buffer trees must meet the soil volume minimum for credits to apply.
(A) Minimum required soil volume: five points.
(B) Increase in soil volume 10 percent above minimum requirement: six points.
(C) Increase in soil volume 15 percent above minimum requirement: seven points.
(D) Increase in soil volume 20 percent above minimum requirement: eight points.
(E) Increase in soil volume 25 percent above minimum requirement: nine points.
(F) Increase in soil volume 30 percent or greater above minimum requirement: 10 points.
(4) Screening. An applicant may provide screening from all adjacent public streets for all surface parking lots on a building site or artificial lot that meets the following requirements.
(A) The screening may not be required screening.
(B) The screening must extend along the entire street frontage of the parking lot, excluding:
(i) driveways and accessways at points of ingress and egress to and from the lot; and
(ii) visibility triangles.
(C) Underground parking and enclosed garage parking structures are not considered to be surface parking lots for purposes of this subsection.
(D) The screening may be designed with the following options for a maximum total of 20 points:
(i) Option 1. Standard design is provided with screening materials in accordance with Section 51A-4.602 and shrubs with a minimum height of two feet at time of installation and a single row of material. Five points for complete frontage.
(ii) Option 2. Enhanced design is provided by a landscape architect and must include a minimum of two plant species in order to provide the full screening effect. 10 points for complete frontage.
(iii) Option 3. Grouped beds may be added to Option 1 or Option 2 to complement the screening row with planting beds placed at intervals of a minimum of one per 50 feet of frontage. Five points for complete frontage.
(iv) Option 4. A minimum three-foot-tall screening wall may be provided along with the screening plant materials of Option 1 or Option 2. Five points for complete frontage.
(v) Option 5. A minimum three-foot-tall berm with groundcover may complement standard screening materials or be used to replace Option 1 or Option 2. Five points for complete frontage.
(5) Building facade. Facade planting areas on a building site or artificial lot adjacent to public streets or private driveways may be designed with the following options for a maximum total of 15 points:
(A) Option 1. Design is provided along the foundation of the structure. The planting area for the shrubs must be a minimum of three feet in depth and extend along at least 50 percent of the portion of the foundation that faces a street. The shrubs must be spaced no more than six feet apart measured from trunk to trunk. Five points.
(B) Option 2. An enhanced design may be provided as designed by a landscape architect. The design may vary from the standard foundation row to create depth and layering of landscaping for visual enhancement contiguous to and extending 15 feet or more from the building facade to complement and soften the foundation of the building. The planting area must be a minimum of five feet in depth. A minimum of two perennial plant species and water conservation irrigation method are required. The landscape area must extend for a minimum of 50 percent of the street-facing facade or a combination of the street-facing facade and the building facade facing a surface parking lot. 10 points.
(C) Option 3. An additional grouping of medium or small trees may be added to Option 2 to provide an improved pedestrian environment a maximum of 25 feet from the facade of the structure. A minimum of one tree per 50 feet of front or side yard building facade is required. Five points.
(D) Option 4. One small tree or two large shrubs per 30 feet of front facade located a maximum of 15 feet from the facade. Five points.
(6) Pedestrian uses. An applicant may provide private or publicly accessible pedestrian amenities. These amenities must occupy a minimum of five percent of the lot area. The amenities may be designed for the following options for a maximum total of 25 points.
(A) Option 1. Urban streetscape. A minimum of two of the following types of pedestrian amenities must be provided along street frontages. This option may only be used in an urban streetscape within the street buffer zone. 10 points.
(i) Benches located at one per 60 feet of street frontage (minimum of two).
(ii) Pedestrian street lamps (free-standing or wall mounted) at one per 50 feet of street frontage.
(iii) Enhanced sidewalk with stamped concrete or brick pavers for pedestrian uses for the full width of the sidewalk, along the entire frontage. Pavement cannot be used to meet the enhanced pavement option in Paragraph (7).
(iv) Minimum unobstructed sidewalk width of eight feet.
(v) Water feature.
(B) Option 2. Special amenities. An applicant may provide private or publicly accessible special amenities to the building site including plazas, covered walkways, fountains, lakes and ponds, seating areas, and outdoor recreation facilities. The credited facilities must occupy at least five percent of the lot area provided in no more than two locations on the lot. The special amenities area must be fully identified on a landscape plan. Private or interior courtyards are excluded. Five points for private amenities and 10 points for publicly accessible amenities.
(C) Option 3. Adjacency to habitat restoration areas. Amenities built contiguous to habitat preservation and restoration areas will be credited for their location in or around the habitat when constructed according to a design supporting or enhancing habitat protection. 10 points for private amenities and 15 points for publicly accessible amenities.
(D) Option 4. Athletic fields. Open spaces maintained for athletic fields that are a minimum of five percent of the lot. 10 points. For athletic fields on lots greater than 10 acres. 20 points.
(7) Pavements. An applicant may provide enhanced pavement. The same pavement cannot satisfy multiple categories. (Note: All vehicular pavement must comply with the construction and maintenance provisions for off-street parking in this chapter.) Maximum total of 15 points.
(A) Option 1: Enhanced vehicular pavement. Pavement must be a minimum of 25 percent of all outdoor vehicular pavement on the lot.
(i) Enhanced texture. Stamped concrete, sand-blasted, rock-salt finished, pavers on concrete base, stone, etc.: Three points.
(ii) Enhanced color. Color is integrated into textured pavement: Three points.
(B) Option 2: Permeable vehicular pavement. Pavement must be a minimum of 25 percent of all outdoor vehicular pavement on the lot. Five points.
(C) Option 3: Enhanced pedestrian walkways. Enhanced pedestrian walkways must consist of enhanced pavement intended for pedestrian use and occupy at least five percent of the lot.
(i) Enhanced texture. Stamped concrete, sand-blasted, rock-salt finished, pavers on concrete base, stone, etc.: Three points.
(ii) Enhanced color. Color is integrated into textured pavement: Three points.
(8) Conservation. The applicant may create a conservation area on the property. The conservation area must occupy at least five percent of the lot area. Maximum of 25 points.
(A) Option 1: Tree preservation in the development impact area. Large or medium trees maintained in the development impact area may be used to meet design option requirements and to meet the requirements for site tree credit in Section 51A-10.125. The trees must be protected and maintained in areas required by this article. Two points for each tree up to a maximum of 10 points. Significant trees may attain five points.
(B) Option 2: Habitat preservation. The applicant must preserve existing healthy native and mixed species grassland or woodland areas. Five points.
(C) Option 3: Habitat preservation and restoration using an active management plan. The applicant may create or restore natural habitat conditions if designed and implemented by a qualified professional. Site maintenance must be continual for the purpose of sustaining the vegetated area. The option may be combined with low impact development design for the drainage functions of the property. 10 points.
(D) Option 4: Habitat preservation and restoration - adjacent to primary natural areas. The applicant may preserve and restore land areas adjacent to wetlands, creeks, floodplain, and slopes which help protect creeks, habitat, slopes, and woodland in primary natural areas from the site construction. This option may be combined with pedestrian amenities. The area must be at least five percent of building site area. 15 points.
(9) Low impact development (LID). The applicant may improve the property with low impact development design to manage stormwater flow and provide surface heat abatement. The improvements may be combined for a maximum of 20 points.
(A) Rain garden. Maximum six points.
(i) 1 to 5,000 square feet: three points; and
(ii) each additional 1,000 square feet: one point.
(B) Bioswale. Maximum 10 points per bioswale.
(i) 50 to 100 feet long: three points; and
(ii) each additional 50 feet: one point.
(C) Water-wise plant materials and planting beds. The applicant may provide landscaping that uses water conservation techniques including water-wise plants, mulch, and efficient irrigation. Maximum 10 points.
(i) In a minimum of 50 percent of landscape areas: three points.
(ii) In a minimum of 80 percent of landscape areas: five points.
(iii) Low-water consumption grasses for 80 percent of turf surfaces: three points.
(iv) Low-water consumption grasses for all turf surfaces: five points.
(10) Parking lots. The applicant may improve the surface parking and vehicle outside display and storage areas in an interior zone on the property to provide wider landscape areas and an improved shade tree environment. The improvements may be combined for a maximum of 30 points for development impact areas 10 acres or larger and 20 points for development impact areas less than 10 acres.
(A) Option 1: Pedestrian pathways. Provide a protected pedestrian pathway, between three feet and 15 feet in width, through a parking lot to a building from a public or private street in an expanded landscape area median with trees and a walkway. A minimum of one large or medium tree is required for each 40 linear feet of pedestrian pathway or landscape area median. Five points.
(B) Option 2: Reduce distance between parking lot landscape islands. Provide no more than 10 parking spaces between landscape areas. Five points.
(C) Option 3: Increase size of parking lot landscape islands. Increase the landscape area to a minimum of 200 square feet for each large or medium tree.
(i) Increase landscape area of 50 percent of the required parking lot landscape islands. Five points.
(ii) Increase landscape area of 75 percent of the required parking lot landscape islands. 10 points.
(D) Option 4: Increase landscape area of parking lot landscape islands. Increase the landscape area a minimum of 300 square feet for each large or medium tree.
(i) Increase landscape area of 50 percent of the required parking lot landscape islands. Seven points.
(ii) Increase landscape area of 75 percent of the required parking lot landscape islands. 12 points.
(E) Option 5: Additional parking lot landscape islands. Each additional parking lot landscape island provided - Three points.
(F) Option 6: Landscape medians. Provide a minimum 10-foot-wide landscape median with large or medium trees extending the length of a minimum 12-space parking row. Five points for each full median for a maximum of 20 points on the Property.
(G) Option 7: Landscape medians. Provide a 12-foot-wide landscape median with large or medium trees extending the length of a minimum 12-space parking row. Seven points for each full median for a maximum of 28 points on the Property.
(H) Option 8: Landscape medians. Provide a 16-foot-wide landscape median with large or medium trees extending the length of a minimum 12-space parking row. 10 points for each full median for a maximum of 30 points on the Property.
(I) Option 9: Large legacy tree. Provide a large legacy tree in a minimum 500 square foot dedicated open soil area. Two points per tree for a maximum of 20 points.
(J) Option 10: Pocket park. Provide a minimum of 2,500 square feet of contiguous open soil landscape area. 20 points.
(11) General. The applicant may provide documentation and demonstrate ability to achieve certain conditions.
(A) Option 1. Provide Sustainable SITES Initiative documentation and demonstrate ability to attain SITES certified level or greater. 10 points.
(B) Option 2. Provide and implement a landscape maintenance plan for a minimum three year period. Three points. (Ord. Nos. 19455; 20496; 22053; 30929)
(a) Except as otherwise provided in Subsection (b), all landscaping must be completed before the final inspection of any building on the lot. If there is an approved landscape plan for the lot, the landscaping must comply with that plan before the final inspection.
(b) If the property owner provides the building official with documented assurance that the landscaping will be completed within six months, the building official may permit the property owner to complete his landscaping during the six-month period. For purposes of this subsection, "documented assurance" means:
(1) a copy of a valid contract to install the landscaping in accordance with the landscape plan within the six-month period; or
(2) a set of deed restrictions containing a covenant to install the landscaping in accordance with the landscape plan within the six-month period. The deed restrictions must:
(A) expressly provide that they may be enforced by the city of Dallas;
(B) be approved as to form by the city attorney; and
(C) be filed in the deed records of the county in which the land is located.
(c) If, at the end of the six-month period, the landscaping has not been installed in accordance with the landscape plan, the owner of the property is liable to the city for a civil penalty in the amount of $200 a day for each calendar day thereafter until the landscaping is properly installed. The building official shall give written notice to the property owner of the amount owed to the city in civil penalties, and shall notify the city attorney of any unpaid civil penalty. The city attorney shall collect unpaid civil penalties in a suit on the city's behalf.
(d) The civil penalty provided for in Subsection (c) is in addition to any other enforcement remedies the city may have under city ordinances and state law. (Ord. Nos. 19455; 20496; 22053; 30929)
Whenever any work is being done contrary to the provisions of this division, the building official may order the work stopped by notice in writing served on any person engaged in the work or causing the work to be done. A person issued this notice shall stop work immediately until authorized by the building official to proceed with the work. (Ord. Nos. 25155; 30929)
(a) This division applies to all property in the city except for:
(1) except as provided in this section, lots smaller than two acres in size that contain single-family or duplex uses in residential districts; and
(2) lots in an overlay district or a planned development district with tree preservation regulations that vary appreciably from those in this article, as determined by the building official.
(b) In this section, a tree removal property with an area of two acres or less in a residential district is considered to be vacant when an application is made for a demolition permit to demolish a single family or duplex structure. The tree removal property is considered to be vacant until:
(1) the demolition permit is closed (not expired) by the building inspector (reinstating the single family or duplex use); or
(2) a certificate of completion is provided to the tree removal property owner for a new single family or duplex structure for occupancy on the property.
(c) Historic trees on lots smaller than two acres in size that contain single-family or duplex uses in residential districts may be recognized in accordance with Section 51A-10.133. (Ord. Nos. 22053; 25155; 28553; 30929)
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