Sec. 10-319. Irrigations Inspectors; Enforcement; Penalties

a. Duties and Responsibilities of City Irrigation Inspectors.  A licensed irrigation inspector shall enforce Sections 10-309 – 10-319, and shall be responsible for:

                         1.    verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed;

                         2.    inspecting the irrigation system;

                         3.    determining that the irrigation system complies with the requirements of this Division;

                         4.    determining that the appropriate backflow prevention device was installed, tested, and test results provided to the City;

                         5.    investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and

      6.   maintaining records according to this Division.

b. Items not covered by this ordinance.  Any irrigation item not covered by this Division and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule, or their successors.

c. Enforcement. The City shall have the power to administer and enforce the provisions of Sections 10-309 – 10-319 as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of Sections 10-309 – 10-319 or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of the ordinance codified in Sections 10-309 – 10-319 is illegal, is hereby declared to be a nuisance, and is subject to a penalty of up to $2,000.00 as authorized by State law and Section 1-4. (c)Cccc(9 Nothing in this chapter shall be construed as a waiver of the City’s right to bring a civil action to enforce the provisions of Sections 10-309 – 10-319 and to seek remedies as allowed by law, including, but not limited, to the following:

      1.    Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that is necessary for compliance with the ordinance; and

      2.    Other available relief. (Ord. No. 0-2009-19; 3/11/09)

DIVISION B. Bufferyards

Sec. 10-320. Purpose

The purpose of this division is intended to:

   a.   prevent or minimize any effects of a use on a property from affecting any adjacent property or zoning district with a greater or lesser intensity of use, and

   b.   provide for the construction of fences, walls, and other similar elements within the city in all zoning districts provided that the fencing complies with the requirements of this code as to location, height, and composition.

Sec. 10-321. General Requirements

   a.   The bufferyard is included in the overall calculation of the percentage of required landscaping on a lot.

   b.   All open space within a buffer yard must be planted with grass, or vegetative ground cover.

   c.   A buffer yard may provide additional plantings in excess of the minimum requirements.

   d.   A buffer yard may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels.

Required Bufferyard Type by Adjacent Zoning District

 

District	RE, R-1A, R-1B, R-1C, R-1D, PUR	AR, R-2, R-MF, PXR, PMF	C-1, PMXD-1 RPO, INT	C-2, DBAC, PCD, PMXD-2	M-1, M-2
RE, R-1A, R-1B, R-1C, R-1D, PUR **		Type A	Type B	Type B	Type C
AR,R-2, NR, R-MF, PMF**	Type A		Type A	Type B	Type C
C-1, PMXD-1**, RPO, INT	Type B	Type A		Type B	Type C
C-2, DBAC*, PCD**, PMXD-2**	Type B	Type B	Type B		Type C
M-1, M-2	Type C	Type C	Type C	Type C

Note: The more intense use is required to provide the buffer.
*Bufferyards are only required in DBAC when adjacent to residential districts. Requirement may be waived upon the submittal of a letter of support from adjacent, affected property owner.
**Bufferyard types for planned developments may be established per site plan in consideration of approved base zoning.
(Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2011-45; 6/8/11) (Ord. No. 0-2019-87; 10/8/19); (Ord. No. 0-2021-23; 3/24/21)

Sec. 10-322. Bufferyard Types

   a.    “Type A” Bufferyard

      1.   Applicability

         A “Type A” buffer yard is used to separate the following abutting districts a) single-family residential zoning districts from higher-density residential districts and b) all residential districts from light commercial, restricted professional office, and institutional districts. (Ord. No. 0-2012-38, 4/25/12)

      2.   Type A Bufferyard Composition

         A “Type A” buffer yard must consist of one of the following:

         (a)   A 10-foot-wide planting area with an average of one tree of 6” DBH or larger at maturity per 50 feet or one evergreen shrub per 50 linear feet;

         (b)   A 7.5-foot-wide planting area with an average of two trees of 6” DBH or larger at maturityand two evergreen shrubs per 50 linear feet; or (Ord. No. 0-2009-19; 3/11/09)

         (c)   A 5-foot-wide planting area with an average of two trees of 6" DBH or larger at maturity and two shrubs of any type per 50 linear feet. (Ord. No. 0-2009-19; 3/11/09)

         (d)   A 5-foot-wide planting area with an average of one medium or large evergreen tree of 6" DBH or larger at a maturity for each 50 linear feet of buffer yard spaced no more than 35 feet apart to provide additional screening above a required solid six-foot screening wall constructed of brick, stone, reinforced concrete, or other similar two-sided masonry materials. Wood (redwood, cedar, or other preservative pressure treated wood), may be used as long as a continuous masonry wall (one foot height minimum) on a concrete footer is installed. The wooden panels must be separated by masonry columns spaced no further apart than 20 feet. (Ord. No. 0-2010-119; 11/10/10)

   b.    “Type B” Bufferyard

      1.   Applicability

         A Type "B" bufferyard is used to separate a) general commercial (C-2), planned commercial (PCD) and high-intensity planned mixed zoning districts (PMXD-2) from any other nonresidential districts; and b) commercial and office districts from any residential district. (Ord. No. 0-2009-19; 3/11/09)

      2.   Type B Bufferyard Composition

A Type B bufferyard must consist of one of the following:

         (a)   A 20-foot-wide planting area with an average of one tree of 6" DBH or larger at maturity per 50 linear feet spaced no more than 35 feet apart;

         (b)   A 15-foot-wide planting area with an average of one tree of 6" DBH or larger at maturity and one shrub per 35 linear feet; or

         (c)   A 10-foot-wide planting area with an average of two trees of 6" DBH or larter at maturity and two shrubs per 35 linear feet.

         (d)   A 10-foot-wide planning area with an average of one medium or large evergreen tree of 6" DBH or larger at maturity for each 50 linear feet of buffer yard, spaced no more than 35 feet apart to provide additional screening above a required solid six-foot screening wall constructed of brick, stone, reinforced concrete, or other similar two-sided masonry materials. Wood (redwood, cedar, or other preservative pressure treated wood), may be used as long as a continuous masonry wall (one foot height minimum) on a concrete footer is installed. The wooden panels must be separated by masonry columns spaced no further apart than 20 feet. (Ord. No. 0-2010-119; 11/10/10)

  

   c.    “Type C” Bufferyard

      1.   Applicability

         A Type C bufferyard is used to separate industrial districts (M-1 and M-2) from all other zoning districts.

      2.   Type C Bufferyard Composition

         A “Type C” buffer yard must consist of one of the following options:

         (a)   A 10-foot-wide planting area with an average of two evergreen trees of 6" DBH or larger at maturity for each 50 linear feet of buffer yard, spaced no more than 35 feet apart to provide additional screening above a required solid six-foot screening wall constructed of brick, stone, reinforced concrete, wood, or other similar two-sided masonry materials; or

         (b)   A 30-foot-wide planting area with a berm at least three feet tall and minimum 4:1 side slope, with an average of four shrubs at the top of the berm per 50 linear feet.

         (c)   A 50-foot-wide buffer area with existing tree canopy equal to at least one tree per 50'. (Ord. No. 0-2010-20, 3/10/10)

Sec. 10-323 - 329. Reserved