(a) Purpose. It is the purpose of this section to preserve the existing and natural environment, conserve water, moderate air temperatures, reduce pollution and filtration of stormwater best practices whenever possible and to provide landscape amenities, setbacks and screening with Texas native and adaptive plants. This section is also intended to promote a positive urban image by promoting quality development, enhancing property values, providing landscape improvements in all parts of the city, and promoting orderly growth and aesthetic quality in the city.
(b) Delineation of artificial lot. If a developer wishes to develop a portion of a one acre or larger tract, the developer may request that the development services director delineate the portion of the tract to be developed as an artificial lot, for purposes of calculating landscape requirements for the development. Artificial lots may be delineated in any type of development, including schools and places of worship. All artificial lots shall meet the following requirements:
(1) Contain the entire area on which the development is to occur, including all paved areas;
(2) Contain a land area of less than 50% of the entire tract, or, if the proposed artificial lot contains more than 50% of the entire tract, the director must determine that a substantial amount of the tract is not affected by the proposed development; and
(3) Be delineated on the landscape plan as required in subsection (c) below.
(c) Submittal of landscape. A landscape plan shall be submitted to the development services director together with the application for a building permit. The following information shall be shown on the required landscape plan:
(1) Calculation of net site area showing all existing and proposed structures, parking and access, other paved areas and all required bufferyard areas pursuant to this section;
(2) Calculation of required landscape area;
(3) Location and dimensions of areas to be landscaped and total amount of landscape area;
(4) Location, number and planting size of all shrubs and groundcover including both required and actual materials provided;
(5) Location and coverage of required irrigation system; and
(6) Delineation of artificial lot, if applicable, including depiction of all proposed and existing structures, access drives, appurtenant parking and other paved areas proposed for the expansion or new construction.
(d) Screening for commercial and institutional uses. Screening for commercial/institutional uses shall include screening of loading docks, truck berths, refuse handling facilities (including refuse disposal and recycling) and ground level mechanical equipment visible from public right-of-way and is required per the following.
(1) Loading docks and truck berths.
a. Opaque walls, wooden screening fences, landscaped berms or landscape areas all of which must be a minimum of eight feet in height and must screen loading dock areas from view from the public street right-of-way with the greatest pavement width parallel to the trailer berths. Screening shall be of sufficient length to screen the maximum size trailer which can be accommodated on-site and shall be parallel to trailer berths.
b. Example: Docks and berths that accommodate a 50-foot trailer shall be screened with a 50-foot wall parallel to the berth.
(2) Refuse handling facilities and mechanical equipment. Opaque walls or wooden screening fences of not less than the height of the facilities or equipment to be screened are required to screen the view from any public street right-of-way. Permanent walls are required on three sides with an opaque gate allowed on the fourth side.
Frontage on One Street
Facing Alley
Facing Street
Frontage on Two Streets of Equal Width
Frontage on Major and Minor Streets
(e) No paving of parkway allowed. After October 1, 1998, no portion of a parkway shall be paved, except for sidewalks or driveways permitted by transportation and public works department.
(f) Applicability of landscape requirements. These landscape requirements shall be applicable to the following construction, subject to the exemptions in subsection (g) below:
(1) Construction of new structures for which a building permit is required for any commercial/institutional and industrial uses;
(2) Expansions of structures used for commercial/institutional and industrial uses that increase the footprint of existing structures by at least 30%, and that add at least 3,000 square feet to existing structures. Expansions that do not meet both the 30% and the 3,000 square foot criteria are not subject to these landscape requirements; and
(3) Construction of manufactured home parks and recreational vehicle parks for which a permit is required pursuant to § 13-2 of the city code and private recreation facilities located in manufactured home subdivisions.
(g) Exemptions from landscape requirements. The following are not subject to these landscape requirements:
(1) Structures that do not create or expand building square footage and temporary structures such as job shacks associated with construction activities;
(2) Construction or expansion of one-family and two-family dwellings;
(3) Construction or expansion of multifamily and mixed use developments subject to unified residential development provisions set out in § 6.506;
(4) Change in use of an existing structure, unless the structure is expanded in accordance with subsection (f)(2) above;
(5) Construction or expansion of structures in the “H” central business district bounded by Henderson Street on the west, Vickery Boulevard on the south, I-35 on the east and Bluff Street on the north, except for the area between Henderson Street and the extension of Grove Street, where the northern boundary shall extend to the center of the Trinity River; provided, however, the project may be subject to the Downtown Urban Design Standards adopted in accordance with § 4.402;
(6) Temporary buildings in place for a maximum of five years and erected as accessory buildings for elementary and secondary schools and institutions of higher education; and
(7) Any area located within an airport operating area, defined as those areas associated with aircraft movement.
(h) Landscape area required. Construction projects subject to this section shall provide landscape areas calculated as follows.
(1) Commercial and institutional uses.
a. A minimum of 10% of net site area shall be landscaped by using one of the following methods:
1. One shrub, a minimum of five gallons in size, for every 50 square feet, or fraction thereof, of required landscape; or
2. For every 75 square feet, or fraction thereof, of required landscape area, a cluster of native shrubs and or grasses, consisting of a minimum of five plants, three gallon in size and grouped with similar watering requirements from the approved native plant list found in Table A. below. Plants may not exceed four feet in height in the required front yard. Existing natural vegetation shall be preserved when possible.
Table A. Recommended List of Native Plants for Landscape Use in North Central Texas | ||||||||
Native Plants | ||||||||
Common Name | Key | Scientific Name | ||||||
E | D | P | S | B | F | X
| ||
Table A. Recommended List of Native Plants for Landscape Use in North Central Texas | ||||||||
Native Plants | ||||||||
Common Name | Key | Scientific Name | ||||||
E | D | P | S | B | F | X
| ||
Grasses | ||||||||
Switchgrass | P | B | F | Panicum virgatum | ||||
Big Bluestem | D | P | B | F | Andropogon gerardii | |||
Buffalograss | D | Buchloe dactyloides | ||||||
Bushy Bluestem | P | B | F | Androphgon gloeratus | ||||
Eastern Gamagrass | P | S | Tripsacum dactyloides | |||||
Gulf Muhly | P | B | F | Muhlenbergia capillaris | ||||
Indiangrass | D | P | B | F | Sorghastrum natans | |||
Inland Seaoats | P | S | B | F | Chasmanthium latifolium | |||
Lindheimer Muhly | D | P | B | F | Muhlenbergia lindheimeri | |||
Little Bluestem | D | B | FF | Schizachyrium scoparium | ||||
Seep Muhly | D | P | S | B | Muhlenbergia reverchonii | |||
Sideoats Gama | D | B | F | Bouteloua curtipendula | ||||
Splitbeard Bluestem | D | P | F | X | Andropogon ternarius | |||
Shrubs | ||||||||
Agarito | E | D | B | F | Mahonia trifoliolata | |||
American Beautyberry | P | S | B | F | Callicarpa americana | |||
Apache Plum | D | B | F | Fallugia paradoxa | ||||
Autume Sage | D | B | F | Salvia greggii | ||||
Canyon Senna | D | F | Cassia wislizenii | |||||
Coralbean | D | B | F | Erythrina herbacea | ||||
Coralberry | S | B | F | Symphoricarpus orbiculatus | ||||
Dwarf Wax Myrtle | E | P | S | B | Myrica pussila | |||
Flame Acanthus | D | B | F | Anisacanthus wrightii | ||||
Fragrant Sumac | D | B | F | Rhus aromatica | ||||
Indigobush | P | B | F | Amorpha fruticosa | ||||
Mountain Sage | S | B | F | Salvia regla | ||||
Pale Leaf Yucca | E | D | S | B | F | Yucca pallida | ||
Red Yucca | E | D | P | S | B | F | Hesperaloe parviflora | |
Smooth Sumac | D | B | FF | Rhus glabra | ||||
Texas Barberry | E | D | B | F | Mahonia swaseyi | |||
Texas Mock Orange | F | Philadelphus texensis | ||||||
Texas Sage/Cenizio | E | D | F | Leucophyllum frutescens | ||||
Turk’s Cap | D | P | S | B | F | Malvaviscus drummondii | ||
Virginia Sweetspire | P | S | B | F | Itea virginica | |||
White Honeysuckle Bush | S | B | F | Lonicera albiflora | ||||
Groundcover | ||||||||
Cedar Sage | S | B | F | Panicum virgatum | ||||
Frogfruit | D | P | B | Phyla nodiflora | ||||
Golden Groundsel | D | S | F | Senecio obovatus | ||||
Horseherb | S | Calyptocarpis vialis | ||||||
Lyreleaf Sage | E | P | S | F | Salvia Lyrata | |||
Missouri Violet | S | F | Viola missouriensis | |||||
Pigeon Berry | P | S | B | F | Rivina humilis | |||
Virginia Creeper | P | S | B | F | Parthenocissus quinquefolia | |||
Wood Fern | S | Thelypteris kunthii | ||||||
Vines | ||||||||
Carolina Jessamine | E | P | B | F | Gelsemium sempervirens | |||
Climbing Prairie Rose | P | B | F | Rosa setigera | ||||
Coral Honeysuckle | P | B | F | Lonicera sempervirens | ||||
Crossvine | E | P | S | B | F | Bignonia capreolata | ||
Passion Flower | P | S | B | S | Passiflora incarnata | |||
Virginia Creeper | P | S | B | F | Parthenocissus quinquefolia | |||
Adaptive | ||||||||
White Yarrow | E | D | P | B | F | Achillea millifollium | ||
Butterfly Bush | B | F | Buddleja spp | |||||
Mexican Bush Sage | D | B | F | Salvia leucantha | ||||
Mexican Oregano | E | D | B | F | Poliomentha longiflora | |||
Ox-Eyed Daisies | E | P | B | F | Chrysanthemum leucanthemum | |||
Key: | ||||||||
E = Evergreen | ||||||||
D = Drought resistant in full sun with reflected heat | ||||||||
P = Tolerates poor drainage, can be used in parkways and other places where roots are confined and drainage periodically may be poor | ||||||||
S = Shade tolerant | ||||||||
B = Attracts birds or butterflies | ||||||||
F = Very showy in flower, fruit or fall foliage | ||||||||
FF = Indicates more than one showy characteristic | ||||||||
X = Cross Timbers or Trinity sands only, not in the Blacklands or limestone | ||||||||
Source: North Central Texas Council of Governments | ||||||||
b. All landscaped areas shall:
1. Be located outside the perimeter of the footprint of a building or structure;
2. Protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas; and
3. Be covered with grass, organic mulch or low maintenance groundcover.
c. A minimum of 75% of all required landscape area shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, a minimum of 75% of all required landscape shall be located in the yard adjacent to the street with the greatest pavement width. The planning and development director may approve a 5% modification to the percentage requirement. When an artificial lot or a building expansion is separated from property adjacent to a street frontage, the required landscape areas may be located anywhere on the subject to the perimeter footprint of a building or structure.
d. Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.
e. The minimum percentage of the landscape area required in the front yard between the building line and the front property line may be reduced to 50% provided that native/adapted plants are used in conjunction with stormwater quality facilities as approved by the department of transportation and public works and as provided in the Stormwater Quality Manual.
(2) Industrial uses and manufactured home uses.
a. A minimum of 4% net site area, or, at the option of the developer, a landscape area of at least 30 feet in depth along the length of the property line frontage on all public right-of-way adjacent to the property shall be landscaped by using one of the following methods:
1. For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons is required; or
2. For every 75 square feet, or fraction thereof, of required landscape area, a cluster of native shrubs and or grasses, consisting of a minimum of five plants, three gallon in size and grouped with similar watering requirements, from the approved native plant list found in Appendix F. Landscaping, of the city’s Stormwater Manual. Plants may not exceed four feet in height in the required front yard. Existing natural vegetation shall be preserved when possible.
b. All landscaped areas shall:
1. Be located outside the perimeter of the footprint of a building or structure;
2. Protected by wheel stops, curbs or other physical barriers where adjacent to vehicle use areas; and
3. Be covered with grass, organic mulch or low maintenance ground cover.
c. A minimum of 75% of all required landscape area shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, a minimum of 75% of all required landscape shall be located in the yard adjacent to the street with the greatest pavement width. The development services director may approve a 5% modification to the percentage requirement. When an artificial lot or a building expansion is separated from property adjacent to a street frontage, the required landscape areas may be located anywhere on the subject to the perimeter footprint of a building or structure.
d. Landscaped bioretention areas are encouraged for natural drainage channels to reduce runoff and increase infiltration of water into the soil.
e. The minimum percentage of the landscape area required in the front yard between the building line and the front property line may be reduced to 50% provided that native/adapted plants are used in conjunction with stormwater quality facilities as approved by the department of transportation and public works and as provided in the stormwater quality manual.
(i) Irrigation.
(1) A permanently installed irrigation system shall be installed to provide total water coverage to all plant materials installed.
(2) A temporary irrigation system shall be installed for new native plantings for up to one year in order to establish root systems.
(3) A drip irrigation system as required by the city’s water department (Water Conservation Manual, § 35-162 of the city code) shall be installed for native and adaptive plant material in new commercial and industrial planting beds less than five feet in width.
(j) Modification of landscape requirements. The development services director or a designee may approve minor variations in the location of required landscape materials due to unusual topographic constraints, sight restrictions, siting requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials. The landscape plan shall be submitted and shall specify the modifications requested and present a justification for such modifications.
(k) Installation and maintenance.
(1) All landscape materials shall be installed within 90 days after issuance of a certificate of occupancy. Such 90-day period may be extended for an additional 90 days by the development services director. Upon completion of installation of all plant materials, the owner or agent shall notify the planning and development department of completion of installation and shall request inspection. Verification by the planning and development department of installation in compliance with this section shall be required.
(2) The owner shall maintain all landscape materials in good condition in accordance with the terms of this section.
(l) Variances by board of adjustment.
(1) As provided by state law, the board of adjustment may grant variances to the provisions of this section only if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the section would result in unnecessary hardship, and so that the spirit of the section is observed and substantial justice is done. As provided by state law, a “hardship” does not include financial hardship resulting from compliance with the landscape provisions.
(2) The city manager or a designee shall report monthly to the city council any variances granted to this section.
(Ord. 13896, passed 10-12-1999; Ord. 13931, § 2, passed 9-8-1999; Ord. 14557, § 2, passed 3-20-2001; Ord. 14894, § 4, passed 12-11-2001; Ord. 14987, § 2, passed 2-19-2002; Ord. 15850, § 1, passed 1-27-2004; Ord. 16184, § 2, passed 10-19-2004; Ord. 16270, § 1, passed 1-18-2005; Ord. 17228, § 1, passed 10-3-2006; Ord. 17367, §§