(A) Purpose. It is the purpose of this section to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the city.
(B) Scope. The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new construction occurring within the city, except that single-family detached dwellings shall be exempt since such uses rarely fail to comply with the requirements set forth in this section.
(C) Enforcement. The provisions of this section shall be administered and enforced by the Building Official or his or her designee. If, at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the Building Official shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have 30 days from the date of the notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, that person shall be in violation of this section.
(D) Permits. No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the Building Official. In the event that the proposed development requires an approved subdivision plat, site plan, or master development plan, no final approval shall be granted unless a landscape plan is submitted and approved. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required in division (E) of this section. In any case in which an occupancy certificate is sought at a season of the year in which the Building Official determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, an occupancy certificate may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed, provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of the landscaping. The letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within 6 months of the date of the application and shall give the city the right to draw upon the letter of credit or escrow deposit to complete the landscaping if the applicant fails to do so.
(E) Landscape plans. Prior to the issuance of a building, paving, grading or construction permit for any use other than single-family dwellings, a landscape plan shall be submitted to the Building Official. The Building Official, or his or her designee, shall review the plans and shall approve same, if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. A landscape architect, landscape contractor, or landscape designer, knowledgeable in plants, materials and landscape design, shall prepare landscaping plans. Landscape plans shall contain the following information:
(1) Minimum scale of 1 inch equals 50 feet;
(2) Location of all trees to be preserved;
(3) Location of all plant and landscaping material to be used including plants, paving benches, screens, fountains, statues, or other landscape features;
(4) Species of all plant material to be used;
(5) Size of all plant material to be used;
(6) Spacing of plant material where appropriate;
(7) Layout and description of irrigations, sprinkler or water systems, including placement of water sources;
(8) Description of maintenance provisions for the landscape plan; and
(9) Person(s) responsible for the preparation of landscape plan.
(F) Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding, and other activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size.
(G) General standards. The following criteria and standards shall apply to landscape materials and installation.
(1) Quality. Plant materials used in conformance with the provisions of this section shall conform to the standards of the American Standard for Nursery Stock, or equal thereto. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.
(2) Trees. Trees referred to in this section shall be of a species common to this area of Texas and shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of a 15 feet crown of spread. Trees shall be of a minimum of 3 caliper inches when measured 6 inches above ground, and shall be selected from the list of approved trees, maintained by the Building Official.
(3) Shrubs and hedges. Shrubs shall be a minimum of 2 feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen, which will be 3 feet high within 1 year after time of planting.
(4) Vines. Vines shall be a minimum of 2 feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified.
(5) Ground cover. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within 1 year of planting.
(6) Lawn grass. Grass areas may be solid sod, plugged, sprigged or seeded except that solid sod shall be used in swales, berms or other areas subject to erosion.
(7) Credit for existing trees. Any trees preserved on a site meeting the specifications herein shall be credited toward meeting the tree requirement of any landscape of any landscaping provision of this section. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the Building Official, be credited as 2 trees for the minimum requirements herein.
(H) Minimum requirements for off-street parking and vehicular use areas. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage, which are under, on, or within buildings are exempt from these standards.
(1) Interior landscaping. A minimum of 10% of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots:
(a) Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs.
(b) There shall be a minimum of 1 tree planted for each 400 square feet or fraction thereof of required interior landscape area.
(c) Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands most be located no further apart than every 12 parking spaces and at the terminus of all rows of parking. These islands shall contain at least 1 tree. Planter islands shall not be required for lots containing less than 35,000 square feet. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed 3 feet in height. Interior planting islands shall have a minimum size of 9 by 18 feet.
(d) The Building Official may approve planter islands required by this section to be located further apart than 12 parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the Director of Development Services when the drip line of an existing tree is larger than planter islands required by this section.
(2) Perimeter landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a 2-foot minimum width planting strip. Plants and materials used in living barriers shall be at least 30 inches high at the time of planting and shall be of a type and species that will attain a minimum height of 3 feet 1 year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of 3 feet high at the time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties.
(a) Whenever an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least 15 feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right-of-way shall be permitted through all such landscaping. The maximum width for access ways shall be 50 feet for nonresidential 2-way movements, 30 feet for residential 2-way movements, 20 feet for nonresidential 1-way movements.
(b) Whenever an off-street parking or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least 10 feet in width shall be maintained between the edge of the parking area and the adjacent property line. Access ways between lots may be permitted through all perimeter landscape areas. Maximum width for access ways shall be 25 feet. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, hedge, or berm not greater than 8 feet in height nor less than 3 feet in height.
(c) Perimeter landscape areas shall contain at least 1 tree for each 50 lineal feet or fraction thereof of perimeter area.
(I) Landscaping requirements for non-vehicular open space. In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements:
(1) Grass, ground cover, shrubs and other landscape materials shall be used to cover all open ground within 20 feet of any building or paving or other use such as storage.
(2) All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.
(3) Landscaping shall be provided on each developed lot in accordance with the following standards:
(a) In all residential zoning districts (except R-20, R-12.5 and R-7.5), a minimum of 15% of the landscaping shall be located in the required front yard.
(b) In all nonresidential zoning districts, a minimum of 15% of the total site area shall be devoted to feature landscaping with not less than 50% of the landscaping being located in the required front yard.
(4) Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements:
Percentage of Site in Vehicular Open Space | Tree Ratio per Non-Vehicular Open Space |
Less than 30 | 1 tree/2,500 square feet |
30 – 49 | 1 tree/3,000 square feet |
Over 50 | 1 tree/4,000 square feet |
(5) Landscaping in excess of the required minimum open space that is located in the rear yard of the site shall not be used to meet the minimum open space requirements for the site.
(J) Sight distance and visibility. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an access way intersects a public right-of-way or when the subject property abuts the intersection of 2 or more public rights-of-way, a triangular visibility area, as described below, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 3 and 6 feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:
(1) The areas of property on both sides of the intersection of an access way and a public right-of-way shall have a triangular visibility area with 2 sides of each triangle being 10 feet in length from the point of the intersection and the third side being a line connecting the ends of the other 2 sides.
(2) The areas of property located at a corner formed by the intersection of 2 or more public rights-of-way shall have a triangular visibility area with 2 sides of each triangle being 20 feet in length from the point of the intersection and the third side being a line connecting the ends of the other 2 sides. Landscaping, except required grass and low ground cover, shall not be located closer than 3 feet from the edge of any access way pavement. In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Director, the requirements set forth herein may be reduced to the extent to remove the conflict.
(Ord. 593, passed 7-18-2005) Penalty, see § 150.999