(A) Purpose. It is the purpose of this section to establish certain regulations pertaining to landscaping within the town. These regulations provide standards and criteria for new landscaping and the retention of existing trees which are intended to:
(1) Promote the value of property, enhance the welfare, and improve the physical appearance of the town;
(2) Reduce the negative effects of glare, noise, erosion and sedimentation causes by expanses of impervious and unvegetated surfaces within the urban environment; and
(3) Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, abatement of noise, reduction in glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the Town of Lakeside.
(4) These landscape regulations establish requirements in the Multi-Family and C Zoning Districts.
(5) Residential uses in the R1, R2 and MH Districts shall conform only to the requirements set forth in division (E), Residential Districts, of this section.
(6) Non-residential uses located within the R1, R2, and MH Zoning Districts, which consist of principal structures, parking areas, and signage, shall be required to comply with the requirements contained in this section.
(B) Landscaping definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUFFER YARD. A unit of land, together with a specified amount of planting thereon, and any structure which may be required between land uses to eliminate or minimize conflicts between them.
BUILDING FOOTPRINT. The area of the building in contact with the ground.
CALIPER. Diameter of the trunk measured one foot above ground level.
CANOPY TREES. A perennial woody plant, single or multiple trunks, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as SHADE TREES.
DEVELOPMENT. The changing of the existing topography in order to promote the construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling or commercial or industrial uses resulting in developed property.
ENHANCED PAVEMENT. Any permeable or non-permeable decorative pavement material intended for pedestrian or vehicular use. ENHANCED PAVEMENT includes brick or stone pavers, grass pavers and stamped and stained concrete.
GRASS PAVERS. An alterative paving surface consisting of porous grids of concrete, plastic, or other material uses for the construction of permeable pavers, which permit grass cover to grow on the paving surface.
GROUND COVER. Low growing dense spreading plants typically planted from containers.
INTERIOR LOT AREA. The area of the lot remaining after subtracting out the area included in the buffer yards.
LANDSCAPE ARCHITECT. A person registered as a landscape architect in the State of Texas pursuant to state law.
LANDSCAPE AREA. An area covered by natural grass, ground cover, or other natural plant materials.
LANDSCAPE CREDIT. A relief, relaxation, or lessening of the percent of required landscaped area, which is granted due to the addition of landscape features greater than just grass cover. This credit may also include the protection or retention of existing trees that meet the minimum caliper requirements of the landscape regulations.
LAWN GRASSES. Thin bladed surface growing plants typically planted from seed, sprigs, or plugs.
LICENSED IRRIGATOR. A person duly licensed by the State of Texas to design and install irrigation systems.
PERMEABLE PAVEMENT. A paving material that permits water penetration.
R.O.W. PARKWAY. That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line.
SEASONAL COLOR. Landscape areas used for annual and perennial flowers intended to maintain year-round color accents.
SHRUBS. Plants that grow vertically in a multi-branched growth pattern.
UNDERSTORY/ACCENT TREES. Small evergreen or deciduous perennial woody plants, which would grow below the top layer of the forest and typically have unique branching, textural or seasonal color characteristics.
XERISCAPE. Design principles that promote drought-tolerant or low water use practices for landscaped areas.
(C) Events causing compliance. Land uses not previously subject to landscaping requirements may be required to comply with this section upon the occurrence of one of the following events:
(1) A change in zoning;
(2) Requirement of landscaping as conditions of a specific use permit;
(3) Issuance of a building permit; or
(4) Loss of legal non-conforming status.
(D) Landscape installation required.
(1) No building permit shall be issued after the effective date of this section for the construction of any new building in Zoning District C unless a landscaping plan has been approved in accordance with this section. Except as otherwise provided in this section, a minimum of 20% of the total area of the lot on which the new building is constructed shall be landscaped.
(2) Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plans, in addition to grass, may reduce the landscape requirement to 10% of the total lot area. Landscaping which consists of grass only will require 20% of the total area to be landscaped.
(3) Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase need be subject to the landscape regulations. However, each phase will be required to meet the landscaping requirements as they are being developed.
(E) Residential Districts. Residential uses located in the R1, R2, and MH Zoning Districts shall be required to locate a minimum of two trees on each lot. The size of such trees shall be a minimum of three inches in caliper. Credit will be given for existing trees retained; and/or existing trees may satisfy this requirement.
(F) Landscape plan required for commercial.
(1) The landscape plan may be prepared by the applicant or his or her designee. The landscape plan is not required to be prepared by a registered or certified professional.
(2) A landscaping plan shall be submitted to the town for approval. The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this section shall be provided and approved prior to the issuance of a building permit.
(3) The landscape plan shall contain the following information:
(a) Drawn to scale; minimum scale of one inch equals 50 feet;
(b) Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by staff;
(c) Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
(d) Species of all plant material to be used;
(e) Size of all plant material to be used;
(f) Spacing of plant material where appropriate;
(g) Layout and description of irrigation, sprinkler or water system, including placement of water sources;
(h) Description of maintenance provisions of the landscape plan;
(i) Persons responsible for the preparation of the landscape plan.
(G) Locational criteria.
(1) Not less than 40% of the total landscaping shall be located in the designated front yard.
(2) All landscape material shall comply with visibility requirements.
(H) Credits toward landscaping requirements. Credits toward the landscape requirements of this section may be granted in the following manner:
(1) Grass is an appropriate landscape material. However, a variety of plant material is recommended.
(2) Credits toward the landscaping requirements may be granted in the following manner:
LANDSCAPE AREA CREDIT | |
Landscape Element | Amount of Area Credit |
For each 3-inch tree | 200 sq. ft. |
For each 6-inch tree | 400 sq. ft. |
For each existing 6-inch tree protected and kept | 800 sq. ft. |
For each one-gallon shrub | 10 sq. ft. |
For each five-gallon shrub | 25 sq. ft. |
For each sq. ft. of flowering beds | 2.5 sq. ft. |
For each sq. ft. of xeriscape area | 5 sq. ft. |
For each sq. ft. of landscaped R.O.W. | 0.5 sq. ft. |
(3) In no instance shall the total amount of landscaping on a lot be reduced through credits by more than 50% of the landscaped area required by this section.
(4) Xeriscaped areas shall be clearly located and detailed on the site plan. In addition, the xeriscape methodology shall be detailed on the site plan.
(5) A FLOWERING BED is any area where the soil has been specifically prepared for the planting of flowering plants. In addition, in order to be considered for credit calculations, at least 80% of the prepared area must be covered with flowering plant material at the time of peak growth.
(6) Caliper of trees is to be measured at a point 12 inches above top of ground.
(7) In order to receive credit for protecting and keeping existing trees, the area within the dripline of the tree must be protected by fencing during grading and construction.
(I) Installation and maintenance.
(1) All required landscaped area shall be permanently landscaped with living plant material, and shall have an irrigation system installed or shall be accessible to a bibcock, faucet, or other water source on the same lot or parcel. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this section.
(2) Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
(3) All plant materials shall be maintained in a health and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, and the like.
(4) Plant materials which die shall be removed immediately and shall be replaced with plant material of similar variety and size within 90 days, with a one-time extension not exceeding 90 days being provided upon approval of the Town Administrator or his or her designee.
(J) Landscaping of parking lots. It is the intent of these landscape regulations to encourage design and construction of parking areas so that in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space are landscaped. The following minimum requirements shall be observed:
(1) A minimum of 10% of the gross parking area shall be devoted to living plant material. Gross parking area shall be measured from the edge of the parking and/or driveway paving and sidewalks.
(2) The placement of additional landscaped islands throughout the parking area in a manner which best relieves large expanses of paved area is encouraged.
(3) Landscape material which is located within the interior of a parking lot shall be surrounded by a curb of four inches in height.
(4) Landscaping within a parking lot shall not create a visibility obstruction. A VISIBILITY OBSTRUCTION within a parking lot is defined as landscaping between 30 inches in height and seven feet in height. No shrubs shall exceed 30 inches in height. Tree canopies shall be at least seven feet in height.
(5) For large existing trees located in the parking area, which are being retained and incorporated into the landscaping plan, an appropriate aeration system or an alternative method of protecting the tree must be provided and detailed in the landscape plan.
(6) For each landscaped island of at least ten feet by 20 feet located within a parking lot, credit for four parking spaces will be provided. Credit for parking spaces cannot reduce the overall parking requirement by more than 20% or to less than ten total spaces.
(K) Landscaping as related to certificate of occupancy.
(1) All landscaping shall be completed and installed in accordance with the approved landscape plan within 90 days of a certificate of occupancy being granted. A one-time extension not to exceed 90 days may be granted upon approval of the Town Administrator or his or her designee.
(2) If these landscaping requirements have not been satisfied within the period from when the certificate of occupancy is issued, the property owner shall be considered in violation of this section of the zoning ordinance of the town, and shall be subject to the penalties established herein. A one-time extension not to exceed six months may be granted upon approval of the Town Council.
(L) Nonconforming landscaping conditions. Developments, structures, and uses that are in existence at the time of the adoption of this section which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming. These nonconforming uses/structures will be subject to the section pertaining to nonconforming uses and structures (§ 151.030), unless otherwise provided for in this section.
(M) Landscaping in the Multi-Family District.
(1) The following minimum requirements shall be observed for development located within the Multi-Family District:
(a) A landscape buffer of 20 feet will be required along any property line abutting a residentially zoned district.
(b) Not less than 20% of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways, and internal streets.
(c) Landscaping consisting of the planting of new or retention of existing shrubs, trees, and flowering plants shall be placed in the yard facing any public roadway.
(d) The method of irrigation must be indicated on the site plan.
(2) All landscaping shall be permanently maintained. Should any plant material used in any landscaping required under this section die, the owner of the property shall have 90 days after notification from the town to obtain and install a suitable replacement plant material. Landscaped area shall be kept free of trash, litter, weeds, and other material or plants not a part of the landscaping.
(N) Relief from landscaping requirements.
(1) Modifications. Whenever there are practical difficulties involved in complying with the provisions of this section relating to landscaping, such as the presence of existing facilities or unusual topography, the Town Administrator may grant modification in individual cases, provided the Town Administrator shall first find that a special individual circumstance makes strict compliance with this section impractical; that the modification is in conformity with the intent and purpose of this section; and that the proposed modification is at least the equivalent of the requirements prescribed by this section. Such modification may only be made upon written application filed with the Town Administrator and the details of any action granting the modification shall be recorded and entered into the files of the town. In order to be considered for a modification, the applicant shall:
(a) Provide the Town Administrator with an alternative landscape plan for review and consideration for approval.
(b) The landscape plan must illustrate a plan to landscape as much area as available, provide for irrigation, and provide a phasing schedule for completing the plan.
(c) All landscaping installations must be inspected and approved by the Town Administrator or his or her designee.
(2) Variances and appeals. Any applicant who desires a variance or elimination of the requirements herein or who desires to appeal a decision of the Town Administrator or his or her designee, shall file a written appeal with the Town Administrator for consideration by the Zoning Board of Adjustments, and pay the variance application fee. Such appeal shall be accompanied by adequate graphic reproductions, a written summary of the request, and justification for the request. The Zoning Board of Adjustment shall have the authority to grant an interpretation or variance to the requirements of this section if it determines that a literal enforcement of the regulations will create an unnecessary hardship or practical difficulty in the development of the property, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the intent and purpose of this section. The decision of the Zoning Board of Adjustment shall be final.
(Ord. 338, passed 7-12-2012)