(a)

The council finds that:

(1)

Screening between two lots lessens the transmission from one lot to another of noise, dust, and glare.

(2)

Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces, and more extensive screening can shield entirely one use from the visual assault of an adjacent use.

(3)

Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.

(4)

The provisions of this part are necessary to safeguard the public health, safety, and welfare.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Every development shall provide sufficient screening so that:

(1)

Neighboring properties are shielded from any adverse external effects of that development;

(2)

The development is shielded from the negative impacts of adjacent uses such as streets or railroads.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Except as modified per Section 20.76.090 (Special screening requirements), the table set forth in Section 20.76.050 (Table of screening requirements), in conjunction with the explanations in 20.76.040 (Descriptions of screens) concerning the types of screens, establishes screening requirements that presumptively satisfy the general standards established in Section 20.76.020 (General screening standard). However, this table is only intended to establish a presumption and should be flexibly administered in accordance with Section 20.76.060 (Flexibility in administration required).

(b)

The Table of screening requirements (Section 20.76.050) represent the allowed uses of the Tables of permissible uses (Section 20.40), and the screening type letter designations refer to types of screening as described in Section 20.76.040 (Descriptions of screens). This table indicates the type of screening that is presumptively required between two uses. Where such screening is required, only the property under application for development is responsible for installing the screening. To determine the type of screening a proposed new development must install, find the proposed use in the table to determine frontage landscaping and side/rear property lines.

(c)

If, when the analysis described in Subdivision (b) is performed, the burdened use is an existing use but the required screening is not in place, then this lack of screening shall constitute a nonconforming situation, subject to all the provisions of Chapter 20.32 (Nonconforming situations) of this title.

(d)

Notwithstanding any other provision of this chapter, a multi-family development shall be required, at the time of construction, to install any screening that is required between it and adjacent existing uses according to the table set forth in Section 20.76.050 (Table of screening requirements).

(e)

Developments in the Old Town Business Districts 1, 2, and 3 shall be exempt from the screening requirements of Section 20.76.050 (Table of Screening Requirements) pertaining to screening along streets where the buildings abut the sidewalk.

(f)

Developments in the Old Town Residential District shall comply with the Old Town Residential Design Standards.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

The following three basic types of screens are hereby established and are used as the basis for the Table of Screening Requirements set forth in Section 20.76.050 (Table of screening requirements).

(a)

Opaque Screen, Type A. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in all cases be a minimum of ten feet along street frontages where required. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing vegetation. Compliance of vegetative screens or native vegetation will be judged based on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The portion of intermittent visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in the development design standards and the public works' construction standards and specifications.

(b)

Semi-Opaque Screen, Type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in all cases be a minimum of ten feet along street frontages where required. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing vegetation. Compliance of vegetative screens or native vegetation will be judged based on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in the development design standards and the public works' construction standards and specifications.

(c)

Intermittent Screen, Type C. A screen composed of intermittent visual obstructions from the ground to a height of at least twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in all cases be a minimum of ten feet along street frontages where required. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of native vegetation or existing vegetation. Compliance of vegetative screens or native vegetation will be judged based on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The screen may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in the development design standards and the public works' construction standards and specifications.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

See Table 20.76-1: Screening Requirements.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

The council recognizes that because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, as provided in Section 20.76.030, Compliance with screening standard, the permit-issuing authority may permit deviations from the presumptive requirements of Section 20.76.050 (Table of screening requirements) and may either require more intensive or allow less intensive screening whenever it finds such deviations are more likely to satisfy the standard set forth in Section 20.76.020 (General screening standard) without imposing unnecessary costs on the developer.

(b)

Without limiting the generality of Subsection (a), the permit-issuing authority may modify the presumptive requirements for:

(1)

Non-residential developments located adjacent to nonconforming residential uses in non-residential zoning districts,

(2)

Non-residential uses located adjacent to other similar uses within the same zoning district,

(3)

Any development where it is found that the presumptive requirement would cause a nuisance or sight distance problem.

(4)

Where Type A screening is required along a street, if the office or other similar non-intensive portion of the use is placed between the street and the intensive portion of the use, then only Type B screening is necessary between that non-intensive portion and the street.

(5)

Whenever a building is located adjacent to or within five feet of a street right-of-way, as encouraged by the development design standards, and the applicant includes windows intended to provide pedestrian visibility into the establishment, then the screening requirement may be modified by requiring only low growing vegetation so as not to block such visibility.

(c)

Whenever the permit-issuing authority allows or requires a deviation from the presumptive requirements set forth in Section 20.76.050, Table of screening requirements, it shall enter on the face of the permit the screening requirement that it imposes to meet the standard set forth in Section 20.76.020, General screening standard, and the reasons for allowing or requiring the deviation.

(d)

If the permit-issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that a presumption established by Section 20.76.050, Table of screening requirements, is erroneous, it shall initiate a request for an amendment to the Table of screening requirements in accordance with the procedures set forth in Chapter 20.96, Amendments.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

In determining the screening requirements that apply between a combination use and another use, the permit-issuing authority shall proceed as if the principal uses that comprise the combination use were not combined and reach its determination accordingly, relying on the table set forth in Section 20.76.050 (Table of screening requirements) interpreted in the light of Section 20.76.060 (Flexibility in administration required). The developer shall be required to install the strictest form of screening required by any one of these principal uses.

(b)

When two or more principal uses are combined to create a combination use, screening shall not be required between the component principal uses unless they are clearly separated physically and screening is determined to be necessary to satisfy the standard set forth in Section 20.76.020 (General screening standard).

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

When non-residential, undeveloped land is subdivided and undeveloped lots only are sold, the subdivider shall not be required to install any screening. Screening shall be required, if at all, only when the lots are developed, and the responsibility for installing such screening shall be determined in accordance with the other requirements of Part I of this chapter.

(b)

When residential, undeveloped land is subdivided and undeveloped lots only are sold, the subdivider shall be required to install any perimeter screening required.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Due to the potential for significantly worse adverse impacts between the following noncompatible uses, in addition to the other requirements of this chapter a thirty-foot wide landscaped screen shall be maintained along common boundaries between the below listed districts or uses.

(1)

All uses within all residential and industrial zoning districts adjacent to Interstate 5, State Route 9, State Route 530, and State Route 531 east of 67th Avenue NE shall maintain said screen along said roads.

(2)

Wherever any non-residential zoning district abuts a residential zoning district, all uses within the non-residential district shall maintain said screen along common boundaries. For the purposes of this section, where a road separates the zoning districts, the properties are not considered to abut.

(b)

The screen shall consist of visual obstructions from the ground to a height of at least thirty feet at maturity; including evergreen trees planted at least three deep. This screen is intended to minimize all visual and noise contact between uses and to create a strong impression of visual separation. The screen may be composed of planted or existing vegetation, and the retention of existing significant trees that are not prone to windthrow is strongly encouraged. Compliance of planted or natural vegetative screens will be judged based on the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The screen must be opaque in all seasons of the year. At maturity, there should not be any unobstructed openings to a height of ten feet.

(c)

The permit-issuing authority may approve averaging of buffer widths to prevent denial of all reasonable use of property.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

The council finds that:

(1)

Trees are proven producers of oxygen, a necessary element for human survival,

(2)

Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe,

(3)

Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems,

(4)

Trees have an important role in neutralizing stormwater passing through the ground from the surface to ground water tables and lower aquifers,

(5)

Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control, and flood control,

(6)

Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas, and

(7)

For the reasons indicated in Subsection (6), trees have an important impact on the desirability of land and therefore on property values.

(b)

Based upon the findings set forth in Subsection (a), the council declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the city's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this chapter, to require the planting of new trees in certain types of developments.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

Along both sides of all newly created, widened, or improved streets that are constructed in accordance with the public street standards set forth in Chapter 20.56 (Streets and Sidewalks), the developer shall either plant or retain sufficient trees so that within the landscape strip there is for every thirty feet of street frontage at least an average of one deciduous tree of two inches dbh at the time of planting and with a canopy that starts at least eight feet above finished grade and has or will have when fully mature a trunk at least eight inches in diameter. Root barriers shall be provided for all street trees and the landscape strip shall be planted per the department of public works' standards and specifications. It is a violation of this title to pave or cover the landscape strip with impervious material or to park motor vehicles on this strip. When the developer plants trees pursuant to this section, the developer shall choose trees that meet the standards set forth in the department of public works' design standards and specifications.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Unless specifically authorized by the city's responsible official, no person shall damage any street tree, attach any rope, wire, nails, advertising posters, or other contrivance to any street tree; allow any gaseous, liquid or solid substance which is harmful to trees to come into contact with them; set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any street tree; excavate any ditches, tunnels, trenches or lay any drive within a radius of ten feet of any street tree; deposit place or store any materials which may impede the free passage of water and fertilizer to the roots of any street tree.

(b)

Street trees that are damaged or removed shall be replaced, at the expense of the property owner, with a tree from the city of Arlington Approved Street Tree List and planted in accordance with city of Arlington Standard R-260 and city of Arlington Tree Evaluation Application. Street trees that are removed or damaged and not replaced shall be replaced by the city of Arlington at the expense of the property owner, at the rate established by the most current fee schedule.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Every development shall retain all existing significant trees and significant stands of trees, with a diameter at breast height (dbh) of at least eight inches for deciduous trees and at least twelve inches dbh for evergreen trees, unless the retention of such trees would unreasonably burden the development or in the opinion of the permit-issuing authority cause a significant safety problem.

(b)

No excavation or other subsurface disturbance may be undertaken within the critical root zone (CRZ) where feasible, which may extend outside of the drip line of existing tree branches, of any of the trees regulated by Subsection (a), and, except for street trees, no impervious surface (including, but not limited to, paving or buildings) may be located within twelve and one-half feet (measured from the center of the trunk) of any tree eighteen inches in diameter or more unless compliance with this Subsection would unreasonably burden the development. For purposes of this Subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

(c)

The retention or protection of significant trees and significant stands of trees as provided in Subsections (a) and (b) unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.

(d)

When significant trees or significant stands of trees are present on a site for which a land use permit is submitted, the applicant shall provide a tree survey, showing size, type, and location of all significant trees and stands of trees. Critical root zones shall be fenced prior to construction with orange plastic mesh fencing or approved equivalent. Any significant trees removed because their retention would unreasonably burden a development shall be replaced with five-gallon-sized native species at a ratio of three to one. If the replacement trees are to be planted on building lots, the developer shall provide adequate protection from damage during construction, or planting shall occur after construction, in which case a planting plan and security shall be provided to ensure their planting.

(e)

If it is physically impossible to replant all replacement trees on-site, then the applicant may mitigate the loss of trees by either planting trees on public property within the city as approved by the community development director, and/or paying a mitigation fee into the city's tree mitigation in-lieu fund. This fee shall be set forth in the city's fee resolution and equal the cost of the trees and planting labor.

(f)

If any significant tree identified to be protected pursuant to this section is removed or damaged to the extent that its ability to survive is seriously threatened, without the city's prior written consent, the loss shall be remedied pursuant to Section 20.28.040(c) (penalties and remedies for violations), with the understanding that each tree so removed or damaged shall be counted as a separate violation.

(g)

If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsections (a) or (b), and, as a result, the parking requirements set forth in Chapter 20.72 (Parking) cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of Subsections (a) and (b), up to a maximum of fifteen percent of the required spaces.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Each new or existing lot within the city shall maintain a minimum number of trees on-site, as specified in Subsection (b). This section shall be enforced at the time that any land use or building permit is issued. If fewer than the required trees exist on a lot for which a land use or building permit is applied, the granting of the permit shall be conditioned on the planting of trees to meet the requirements of this section.

(b)

The minimum number of required trees depends on the zoning district in which the site falls, as follows:

(1)

Residential ultra low capacity, residential low capacity, residential moderate capacity, residential medium capacity, and Old Town residential—2 trees per lot.

(2)

All other zoning districts—The tree requirement is satisfied by compliance with Section 20.76.020 (General screening standard), Section 20.76.090 (Special screening requirements), Section 20.76.110 (Required trees along dedicated streets), and Section 20.76.130 (Shade trees in parking areas).

(c)

If street trees are present or are required to be installed as part of a development or building permit, said street trees may count toward one of the trees required by Subsection (b).

(d)

Non street trees required per this section shall be a native species, have a minimum 1.5-inch diameter at breast height (dbh), and attain a minimum height of 25 feet at maturity. Standards for street trees are found in Section 20.76.110 (Required trees along dedicated streets).

(e)

Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving areas, and paved parking areas. Root barrier shall be eighteen inches deep and six feet wide.

(f)

At least one of the required trees should be planted near the rear property line of the lot. The intent of this regulation is to create rows of trees behind and between rows of houses, thus affording privacy and creating a forested view of the community when seen from ground level.

(g)

The permit-issuing authority may relax or waive the requirements of this section if it can be demonstrated that the intent of the section is met through existing vegetation, that placement of trees on the site is physically unfeasible, or for valid urban forest management reasons.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

(a)

Vehicle accommodation areas as defined in Section 20.08.010 (Basic definitions and interpretations) that are required to be paved by Section 20.72.060 (Parking area surfaces) must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least eight inches in diameter. When the developer plants trees to satisfy the requirements of this Subsection, the developer shall choose trees that meet the standards set forth in the department of public works' design standards and specifications.

(b)

Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving areas, and paved parking areas. Root barriers shall be eighteen inches deep and six feet wide.

(c)

Landscaping within vehicle accommodation areas shall meet the requirements of Section 20.46 (Design) and the Development Design Standards.

(d)

Each tree of the type described in Subsection (a) shall be presumed to shade a circular area having a radius of fifteen feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, twenty percent of the vehicle accommodation area will be shaded.

(e)

Except as noted in Subsection (d), no paving may be placed within 2½ feet (measured from the center of the trunk) of any tree retained to comply with Subsection (a), and new trees planted to comply with Subsection (a) shall be located so that they are surrounded by at least two hundred square feet of unpaved area.

(f)

Pervious paving (grasscrete, metal grating, etc.) may be used within 2½ feet of a tree if: (i) The parking lot is designed so that no significant run-off from the paved areas drains into the area around the base of the tree(s) and (ii) barriers are placed in such a manner as to prevent vehicles from damaging such trees.

(g)

Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches.

(h)

Vegetation shall be planted and maintained to prevent obstruction of driver visibility of pedestrians and other vehicles.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)

All screening and shading elements required by this chapter shall be maintained by the owner for the life of the project to the following standard:

(1)

All plant material shall be maintained with respect to pruning, trimming, mowing, watering, insect control, and fertilizing to maintain a healthy growing condition, create an attractive appearance, and to accomplish the purpose for which it was required.

(2)

Dead, diseased, stolen, vandalized, or damaged plants shall be replaced within three months with the plants indicated on the approved landscape plan.

(3)

All screening and shading elements shall be maintained reasonably free of weeds and trash.

(4)

All screening and shading elements located within public rights-of-way shall be maintained by the abutting property owner.

(Ord. No. 2024-011, § 1(Exh. A), 6-17-2024)