Aurora City Zoning Code
SECTION 10
GENERAL PROVISIONS
§ 10.1 Off-Street Parking and Loading.
10.1.1.
General Requirements
10.1.1.1.
Applicability.
Nothing in this Ordinance shall require additional parking spaces to be furnished for an existing building that is repaired, altered, maintained, or modernized, where no structural alterations are made and the size of the building is not increased.
10.1.2.
Enlargement or Change in Use
10.1.2.1.
For existing buildings that are enlarged, additional parking spaces shall be required for the enlarged portion only.
10.1.2.2.
Additional spaces shall be required for a change in use, expansion of an existing use or a new building on the premises.
10.1.2.3.
When the occupancy of any building is changed to another use, parking shall be provided to meet the requirements of this Ordinance for the new use.
10.1.2.4.
Nothing in this Ordinance shall require the furnishing of additional parking spaces for existing buildings which are not enlarged or changed to a new use.
10.1.3.
Plan Required.
Where off-street parking is required, except for one-, two-, three-, or four-family dwellings, a plan approved by the Code Official showing the location and arrangement of spaces, shall be furnished to the City Administrator, accompanied by sufficient proof of ownership, lease or other arrangement as will show that the spaces contemplated will be permanent. Any future changes in parking arrangements must be approved by the City Administrator.
10.1.4.
Off-Street Parking Requirements
10.1.4.1.
Calculation of Parking.
Where permanent seating is not provided in any public assembly area, the occupant load shall be computed in accordance with the appropriate section of the Building Code in effect at time of occupancy, except as otherwise specifically provided in this Ordinance.
All parking requirements applying to a stated unit of measurement shall be understood to include a parking space for each unit or fraction thereof.
10.1.5.
Required Off-Street Parking.
Except for single-family and duplex units, the number of parking spaces provided in accordance with the table set out below shall not exceed 125% of the minimum parking requirement without approval of the City Administrator.
Use | Requirement |
|---|---|
RESIDENTIAL | |
Residential unit: one-family up to four-family | 1–4 spaces per dwelling unit (see individual districts for details) |
Multifamily residential (Unified Residential Development) | 1 space per bedroom plus 1 space per 250 square feet of common areas, offices and recreation (less laundry rooms and storage). Two spaces may be tandem if assigned to the same unit and restricted from use for storage. |
PUBLIC AND CIVIC | |
College or university | 1 space per 2 teachers/administrative staff plus 1 space per 4 additional employees plus 1 space per 3 students residing on campus plus 1 space per 5 students not residing on campus |
Day care, kindergarten | 1 space per facility plus 1 space per 10 children (as licensed by the state) in back of front building line |
Fraternity, sorority | 1 space per 2 residents |
Hospital | 1 space per bed for patients/visitors/doctors plus 1 space per 4 nurses/other employees |
Nursing home/assisted living facility | 1 space per 4 beds for visitors/doctors plus 1 space per 4 nurses/other employees |
Place of worship | 1 space per 4 seats in sanctuary or worship area in residential districts 1 space per 5 seats in sanctuary or worship area in nonresidential and mixed-use districts |
School, elementary and junior high (public or private) | 1 space per 16 students |
School, high school (public or private) | 1 space per 1.75 students plus 1 space per 5 stadium seats (may be double counted) |
COMMERCIAL | |
Bed and breakfast home | 2 spaces per owner/operator 1 space per bedroom for guests |
Bed and breakfast inn | 2 spaces per owner/operator plus 1 space per bedroom for guests plus 1 space per 2 employees plus 1 space to service additional traffic |
Boarding or lodging house | 1 space for proprietor plus 1 space per bedroom for guests plus 1 space per 2 employees plus 1 space to service additional traffic |
Bowling alley | 4 spaces per lane/alley plus 1 space per 4 seats of restaurant or cafe plus 1 space per 4 employees |
Commercial business, retail sales and service (except large retail) | 4 spaces per 1,000 square feet (25% reduction for conversion from a more restricted use) |
Construction sales office | 2 spaces per unit behind front property line |
Hotel | 1 space per bedroom unit plus 1 space per 4 patron seats in rooms open to public, plus 5 spaces per 1,000 square feet of display/ballroom area |
Model home | 2 spaces per unit behind front property line |
Office, professional bldg. | 2.5 spaces per 1,000 square feet of gross floor area |
Outdoor amusement (for more than 3 days) | 1 space per 5 participants/spectators based on maximum capacity |
Private club, cocktail lounge | 1 space per guest room or suite plus 1 space per 4 seats plus 5 acres [spaces] per 1,000 square feet of ballroom available to nonresidents plus 1 space per 4 employees |
Restaurant, cafeteria | 1 space per 100 square feet (25% reduction for conversion from a more restricted use) plus 1 space per 4 employees |
Retail store, large | Minimum of one space per 200 square feet of floor space |
Theater, auditorium, place of public assembly | 1 space per 4 seats in main auditorium plus 5 spaces per 1,000 square feet of ballroom/similar area plus 1 space per 4 employees |
Walk-up business | 4 spaces per 1,000 square feet |
INDUSTRIAL | |
Industrial building | 2 spaces per 1,000 square feet gross floor area or 1 space per 3 employees, whichever is greater |
Warehouse building | 1 space per 4 employees 4 spaces minimum |
10.1.6.
Parking Lot Design Standards
10.1.6.1.
Space Size.
The following minimum standards shall apply to the width and length of parking spaces.
Type | Width | Length |
|---|---|---|
Standard parking space | 10 feet | 18 feet* |
Parallel parking space | 8 feet | 22 feet* |
*Parking spaces adjacent to landscape areas may project into the landscape area and be reduced to 16 feet in length when separated from the landscape area by curbing or approved wheel stops. |
10.1.6.2.
Angle Parking Size.
The standards for the minimum width of parking spaces plus the aisle are shown in the following table. These standards apply to a single row of head-in parking or two rows of head-in parking sharing an aisle. See the following illustrations.
Angle | Width: 1 Row Sharing Aisle | Width: 2 Rows Sharing Aisle |
|---|---|---|
90-degree angle parking | 42.0 feet | 60.0 feet |
60-degree angle parking | 34.6 feet | 54.7 feet |
45-degree angle parking | 31.1 feet | 50.0 feet |
30-degree angle parking | 28.8 feet | 45.6 feet |
10.1.6.3.
Parking lot lighting.
Light poles shall be no more than 35 feet in height and painted black, dark gray, or dark green or have bronze oxidant protective coating. The main entrance shall be lit to be distinguishable from surrounding ambient lighting.
 |
10.1.6.4.
Vehicular access.
No large retail store shall be located on a public right-of-way or private street less than four lanes (two in each direction) on at least one side of the property.
10.1.6.5.
Traffic impact study.
Where traffic generated by the project is anticipated to exceed 2,000 trips per day, as determined by the Regional Engineer of the Texas Department of Transportation or his or her designee, a traffic assessment shall be required defining on-site and off-site improvements necessary to accommodate the impacts of the project.
10.1.6.6.
An eight-foot masonry wall of brick, stone, split block or concrete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, easements and drainage channels. If the large retail store property and residential property are separated by intervening property under separate ownership that is less than 20 feet wide, a wall shall be constructed along the property line of the large retail store facing the residential property. In addition to the landscape requirements, a 20-foot-wide irrigated and landscaped buffer yard shall be provided with three-inch caliper canopy trees with a mature height of 25 feet by industry standards planted every 20 feet in an overlapping pattern such that the canopy creates a solid visual screening at maturity and live groundcover.
10.1.7.
Driveways
10.1.7.1.
When driveways are less than 20 feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one direction only[.]
10.1.7.2.
Entrances and exits to an alley may be provided if prior approval is obtained in writing from the City.
10.1.7.3.
The location of ingress and egress driveways shall be subject to approval of the City Traffic Engineer under curb cut or laid down curb permit procedures.
10.1.7.4.
Driveways designated as fire lanes shall meet the standards of the Fire Code.
10.1.8.
Maneuvering Space
10.1.8.1.
Maneuvering space shall be located completely off the right-of-way of a public street, place or court, except for on-street parking approved by the Building Official.
10.1.8.2.
Parking areas that would require the use of public right-of-way for maneuvering shall not be acceptable as required off-street parking spaces other than for one-and two-family dwellings, except for on-street parking approved by the Building Official.
10.1.8.3.
Parking parallel to the curb on a public street shall not be substituted for off-street parking requirements.
10.1.9.
Parking Surface.
Drives and parking spaces, except for single-family dwellings, must be hard surfaced and dust free, except in instances where the adjacent street in unpaved, in which case the drives and parking spaces shall be hard-surfaced within one year after all adjacent streets are paved.
10.1.10.
Off-Site Auxiliary Parking.
If sufficient parking is not available on the premises, a private parking lot may be provided within 500 feet, either on property zoned for that purpose or on approval as a special exception by the Board of Adjustment subject to the following conditions:
a.
The parking must be subject to the front yard setback requirements of the district in which it is located.
b.
The parking area must be hard surfaced and dust free (except as provided in [Section 10.1.9] above).
c.
A minimum 6-foot screen fence and buffer yard must be provided on all sides adjacent to a residential district.
d.
Area lights must be directed away from adjacent properties.
e.
The lot, if adjacent to a residential district, must be chained and locked at night
10.1.11.
Accessible Parking
10.1.11.1.
Number of Spaces Required.
When parking lots or garage facilities are provided, either in accordance with parking requirements or voluntarily, accessible parking spaces shall be provided according to the table below, except for the following uses:
a.
For general and long-term hospitals, nursing and care homes, and philanthropic medical care uses, any of which specializes in the treatment of persons with mobility impairments, 20 percent of the parking spaces shall be accessible.
b.
For offices, professional and commercial uses, eleemosynary institutions, ten percent of the parking spaces provided shall be accessible.
c.
For multifamily dwellings and apartment hotels containing accessible or adaptable dwelling units as specified by the Building Code, two percent of the parking spaces shall be accessible. Where parking for such uses is provided within or beneath the building, accessible parking spaces shall also be provided within or beneath the building.
Total Parking Spaces in Lot or Garage | Minimum Required Accessible Spaces |
|---|---|
1-25 | 1 |
26-50 | 2 |
51-75 | 3 |
76-100 | 4 |
101-150 | 5 |
151-200 | 6 |
201-300 | 7 |
301-400 | 8* |
401-500 | 9* |
501-1,000 | 2% of total spaces* |
Over 1,000 | 20 spaces plus 1 space for every 100 spaces, or fraction thereof, over 1,000* |
*One van accessible parking space shall be provided for every 8 accessible parking spaces or fractions thereof. |
[All] spaces, van accessible parking spaces, and passenger loading zones shall be located and installed as specified in the Building Code. Variances, as to these items, must be addressed through the process described in the Building Code. |
10.1.12.
[Reserved]
10.1.13.
Re-striping Parking Areas.
When parking areas are re-striped, the provisions of this Paragraph shall apply. When re-striping is done voluntarily to existing parking for the purpose of installing accessible spaces, City staff may allow a reduction in the number of parking spaces required by this Section in accordance with the table below when necessary to provide the accessible spaces. Plans for the re-striping must be submitted to the City Administrator for review and approval before work begins.
TOTAL REQUIRED PARKING SPACES | ALLOWED REDUCTION NOT TO EXCEED |
|---|---|
1-50 | 1 SPACE |
51+ | 2% OF TOTAL SPACES |
10.1.14.
Off-Street Loading Facilities
10.1.14.1.
Applicability.
All buildings (except single-family dwellings) hereafter erected, reconstructed or enlarged so as to require additional parking spaces, shall have adequate permanent off-street facilities providing for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct the freedom of traffic movement on the public rights-of-way.
10.1.15.
Loading Facility Design Standards
10.1.15.1.
The minimum distance from the loading dock to the right-of-way line shall be 60 feet. Such space shall be submitted on a plan and approved by the City Administrator.
10.1.15.2.
The minimum distance above may be reduced by the approval of the Director of Traffic Engineering and the Development Department under unusual circumstances.
10.1.15.3.
Loading space shall be in addition to all required vehicular parking.
10.1.15.4.
All loading facilities shall be screened in accordance with landscape regulations.
10.1.16.
Off-Street Parking in Residential Zoned Districts
10.1.16.1.
Definitions.
For the purposes of this ordinance the following word and phrases shall have the associated designated meaning unless a different meaning is expressly provided:
Building line:
means a line parallel or approximately parallel to the street line and beyond which, buildings or fences may not be erected.
Driveway:
means the primary improved or unimproved parking surface which provides egress and ingress from a garage, carport or off-street parking area to an adjacent street or alley.
Emergency Vehicle:
(1) A fire department or police vehicle; (2) a public or private ambulance operated by a person who has been issued a license by the Texas Department of Health and Human Services; (3) a municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of the municipality; (4) a private vehicle of a volunteer firefighter or certified emergency medical services employee or volunteer responding to a fire alarm or medical emergency; (5) an industrial emergency response vehicle, including an industrial ambulance when responding to an emergency.
Front yard:
means the area from the front face of a residential structure to the front property line or street right-of-way line or, when a structure does not exist, the area from the front building line to the front property line or street right-of-way.
Improved parking surface:
means an area used for the parking or storage of vehicles that is overlaid or otherwise paved with concrete, asphalt, paving stones or other hard-surfaced durable material approved by the building official.
Rear yard:
means the area from the rear face of a residential structure to the rear property line.
Residential lot:
means any lot in a residential zoning district
Side yard:
means the area from the side of a residential structure to the side property line.
Unimproved driveway:
means a private continuous surface providing ingress and egress for vehicles from an off-street parking area, garage or carport to an adjacent street, alley or other improved public right-of-way that is contrasted [constructed] with gravel, crushed stone, or other equivalent material approved by the City Engineer.
Unimproved parking area:
means any portion of a residential lot that is used for off-street parking of vehicles that is constructed with gravel, crushed stone, or other equivalent material approved by the City Engineer.
Unimproved surface:
means any part of a residential lot that is not either an improved surface, unimproved driveway, or unimproved parking area.
Vehicle:
means every device in, upon or by which any person or property is or may be transported or drawn or moved upon a street, highway, waterway or airway and shall include any automobile, bus, truck, tractor, motor house, farm machinery, motorcycles, scooters, mopeds, all-terrain vehicles, boats, aircraft, recreational vehicles, golf carts, go-carts, trailers, fifth wheel trailers, campers, camper shells, wheeled towing frames, semi-tractor trailers, truck beds mounted on chassis and mobile homes. This definition does not include non-motorized bicycles, small engine lawn mowers and devices of similar scale.
10.1.16.2.
Regulations.
A.
Parking on unimproved surfaces restricted.
A person commits an offense if, upon a residential single-family, duplex or townhouse lot or tract:
(1)
The person causes, permits or allows the parking or storage of any vehicle in the front yard upon any surface other than an improved parking surface.
(2)
All vehicles must be parked on an approved, permitted and inspected paved surface, which includes (but is not limited to) asphalt, concrete, brick and natural pavestones, with compacted sub-grade and base sufficient to support the vehicle's gross weight, which shall be of no less than 6' compaction. The parking surface must encompass the entire footprint of the vehicle.
(3)
Heavy Load Vehicles are not allowed to be parked on any residential property. Heavy Load Vehicles are described as any self-propelled vehicle having a Manufacturer's Gross Vehicle Rating (GVWR) of greater than 11,000 pounds, or any towed vehicle with any Manufacturer's Maximum Load Trailer Weight (MLTW) greater than 11,000 pounds and more than two axles. This definition does not include recreational vehicles or Agricultural Vehicles.
(4)
The person offense [sic] causes, permits or allows the parking or storage of any vehicle upon the side yard or rear yard of a corner lot upon any surface other than an improved parking surface, unless otherwise concealed from view from all public street rights-of-way by:
a.
A solid, opaque, screening fence or wall at least six feet in height, which requires permit and inspection by the building department;
b.
Vegetation consisting of a solid hedgerow of evergreen shrubs, or trees and shrubs, providing full screening from the ground to a minimum height of six feet;
c.
Any combination of the above that effectively conceals the vehicle from view and accomplishes the required screening height, which requires permit and inspection by the building department; or
d.
Any other form of compatible and appropriate screening approved by the building official.
B.
No driveway or improved parking surface shall cover more than 67 percent of a residential front yard.
C.
It is an affirmative defense to prosecution for parking or storing vehicles in an unimproved driveway if an existing residence has no improved parking surface on the day of passage of this ordinance. However, at such time that such existing residence is completely rebuilt, or improvements to the same real property constitute 50 percent or more of the property's total assessed value, compliance with this section shall be required.
D.
It is an affirmative defense to prosecution for parking or storing vehicles on an unimproved surface or in an unconcealed or unscreened manner if such vehicles are parked in the rear yard and the rear yard is not a corner lot or directly adjacent to a public street right-of-way.
E.
All surface work, including but not limited to construction of improved surface, driveway, entryway or pad must be permitted and inspected by the building department.
10.1.16.3.
Maintenance.
All improved parking surfaces shall be maintained in good and safe condition and be free of holes, cracks or other failures that may affect the use, safety, appearance or drainage of the surface or of an adjoining property.
10.1.16.4.
Enforcement and penalty for violation of this section.
Any person, firm, or corporation violating any of the provisions of this section or any amendment thereto shall be deemed guilty of a misdemeanor, and upon conviction in municipal court shall be subject to a fine not to exceed the sum of $500 for each offense, and each and every day such violation continues to exist shall constitute a separate offense.
A.
Illegally parked vehicles declared a public nuisance; duty of property owners; unlawful to interfere with impounding.
(1)
Illegally parked vehicles are detrimental to the safety and welfare of the general public, tending to reduce the value of property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the city and state by producing urban blight which is adverse to the maintenance and continuing development of the city and such vehicles are declared to be a public nuisance and subject to abatement as set out hereunder.
(2)
The owner or occupant of any real property within the corporate limits of the City shall keep such property free of an [and] shall not permit or suffer the presence of illegally parked vehicles on such property.
(3)
It shall be unlawful for any person, firm, company, or corporation to knowingly or intentionally interfere with or attempt to prevent the physical impounding of any illegally parked vehicle by the code officer or licensed peace officer of the State of Texas.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 10.2 Fence Requirements and Heights.
10.2.1.
Industrial/Manufacturing zones all require fences as provided in this section. The fence shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials, which do not contain openings. All walls or fence openings shall be equipped with self-latching gates equal in height and screening characteristics to the wall or fence.
10.2.1.1.
Alternative equivalent screening may be approved through the plan approval process.
10.2.1.2.
All required screening walls shall be equally finished on both sides of the wall.
10.2.2.
When permitted, open storage of materials, commodities, or equipment shall comply with the following requirements.
(1) | Located behind the front building line. |
(2) | Observe all yard setback requirements. |
(3) | Screened with a minimum six-foot (6') fence or wall[.] |
10.2.3.
In all districts, screening shall be required only for those areas used for open storage. A six (6') foot fence or wall shall be provided and maintained at the property line adjacent to the area to be screened[.]
10.2.4.
Refuse storage areas not adjacent to an alley or rear service area which are visible from a public right-of-way for all nonresidential uses shall be visually screened by a six foot (6') masonry wall, or an eight foot (8') masonry wall for storage containers over 6 yards in volume, on all sides except the side used for garbage pickup service, which side shall provide a gate[.]
10.2.5.
Fences
10.2.5.1.
No fence shall exceed eight feet (8') in height
10.2.5.2.
Fences in residential districts shall be constructed of customary urban fencing materials and shall be aesthetically consistent with buildings and fences in the area
10.2.5.3.
All fences require permits.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 10.3 Accessory Buildings.
10.3.1.
Height.
No accessory building shall exceed twenty-five (25) feet in height, nor shall it be greater in height than the main structure.
10.3.2.
Area Regulations for Accessory Buildings or Structures in Residential Districts.
10.3.2.1.
Front Yard:
Attached accessory buildings, including garages and carports, shall have a front yard not less than the main building, or as specified in the particular district. Detached accessory buildings shall be located in the area defined as the side yard or rear yard.
10.3.2.2.
Side Yard:
There shall be a side yard not less than eight (8) feet from any side lot line, alley line, or easement line, except that adjacent to a side street, the side yard shall never be less than twenty (20) feet.
10.3.2.3.
Rear Yard:
There shall be a rear yard not less than ten (10) feet from any lot line, alley line, or easement line. Carports, garages, or other accessory buildings located within the rear portion of a lot, as heretofore described, shall not be located closer than fifteen (15) feet to the main building nor nearer than eight (8) feet to any side lot line.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 10.4 Allowable Projections into Yards.
Reserved for Future Expansion
§ 10.5 Landscaping Requirements.
10.5.1.
Purpose.
Landscaping is accepted as adding value to property and is in the general welfare of the City. Therefore, landscaping is hereafter required of new development, except single-family uses, adjacent to public streets. Single-family uses are generally not required to provide extensive landscaping at the time of development because they rarely fail to comply with the requirements set forth herein.
10.5.2.
Scope and Enforcement.
10.5.2.1.
Standards and Criteria:
The standards and criteria contained within this section are deemed to be minimum standards and shall apply to all new, altered, or repaired construction occurring within the City, except as provided below. Additionally, any use requiring a Special Use Permit, or a PD zoning designation must comply with these landscape standards. The provisions of this section shall be administered and enforced by the City Administrator or his/her designee (the "City Administrator"). The landscape standards in this section apply only to nonresidential districts.
10.5.2.2.
Enforcement Procedures:
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 City Administrator 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 thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this ordinance.
10.5.3.
Permits
10.5.3.1.
Landscape Plan:
No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the City Administrator. A conceptual or generalized landscape plan shall be shown as part of the site plan as required. 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.
10.5.3.2.
Temporary Certificate of Occupancy:
In any case in which a Certificate of Occupancy is sought at a season of the year in which the City Administrator determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary Certificate of Occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the approval of the landscape plan.
10.5.4.
Landscape Plan
10.5.4.1.
Submitting a Landscape Plan:
Prior to the issuance of a building, paving, grading or construction permit, a landscape plan shall be submitted to the City Administrator. The City Administrator or City Council shall review such 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.
10.5.4.2.
Contents and Preparation of Landscape Plan:
Landscaping plans shall be prepared by a person knowledgeable in plant material usage and landscape design (e.g. landscape architect, landscape contractor or landscape designer) and shall contain at minimum the following information:
(a)
Minimum scale of one inch (1") equals fifty feet (50').
(b)
Location, size and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees).
(c)
Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen ponds (to include depth of water), topography of site, 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 systems including placement of water sources.
(h)
Description of maintenance provision
(i)
Person(s) responsible for the preparation of the landscape plan.
(j)
Mark indicating North.
(k)
Date of the landscape plan.
10.5.5.
Maintenance.
10.5.5.1.
Requirements:
The owner, tenant and 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, but not be limited to, mowing (of grass of six (6) inches or higher), edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material 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, within ninety (90) days. Trees with a trunk diameter in excess of six (6) inches measured twenty-four (24) inches above ground may be replaced with ones of similar variety having a trunk diameter of no less than three (3) inches measured twenty-four (24) inches above the ground. However, if said landscape areas are above the minimum required landscape provisions, death of a plant or plant material which may still result in the requirements of the minimum standards being met does not necessitate replacement, except as required to maintain the integrity of the landscaping design. A time extension may be granted by the City Administrator if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner or his agent.
10.5.5.2.
Failure to Maintain:
Failure to maintain any landscape area in compliance with this section shall result in the disapproval and revocation of any issued Certificate of Occupancy associated with the occupancy of said area.
10.5.6.
General Standards.
The following criteria and standards shall apply to landscape materials and installation:
10.5.6.1.
All required landscaped open areas shall be completely covered with living plant material. Artificial landscaping materials such as wood chips and gravel may be used under trees, shrubs, and other plants.
10.5.6.2.
Plant materials shall conform to the standards of the American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.
10.5.6.3.
Trees shall have an average spread of crown of greater than fifteen (15) feet at maturity. Trees having a lesser average mature crown of fifteen (15) feet may be substituted by grouping the same to as to create the equivalent of fifteen (15) feet crown of spread. Trees shall be of a minimum of three (3) inches in caliper (measured six (6) inches above the ground) and seven (7) feet in height at time of planting.
10.5.6.4.
Shrubs not of the dwarf variety shall be a minimum of two (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 three (3) feet high within one (1) year after time of planting.
10.5.6.5.
Vines not intended as ground cover shall be a minimum of two (2) feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements as set forth.
10.5.6.6.
Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in areas subject to erosion.
10.5.6.7.
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 completed coverage within one (1) year of planting[.]
10.5.6.8.
All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems.
10.5.6.9.
Any trees preserved on a site meeting the herein specifications may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:
Circumference of Existing Tree | Credit against Tree Requirement |
|---|---|
6" - 12" | 1 tree |
13" - 36" | 2 trees |
37" or more | 3 trees |
10.5.6.10.
Due to their limited height and size, mesquite trees will receive only fifty (50) percent of the above credit for tree preservation. All other existing trees may receive credit if they are approved by the City Administrator. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a three (3) inch minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured four and one-half (4.5) feet above natural grade.
10.5.7.
Minimum Landscaping Requirements for Commercial Districts
10.5.7.1.
Commercial Zoned properties with less than two hundred fifty (250) feet of frontage adjacent to a dedicated public right-of-way, at least fifteen (15%) percent of the street yard shall be devoted to living landscape which shall include grass, ground cover, plants, shrubs or trees. The street yard shall be defined as the area between the building front and the front property line.
For gasoline service stations, a requirement of a minimum ten (10%) percent landscape area for the entire site, including a six hundred (600) square foot landscape area at appropriate intersection corners, if applicable.
10.5.7.2.
Interior Parkways:
A minimum fifteen (15) foot landscape buffer "interior parkway" adjacent to right-of-way of any street is required. If the lot is a corner lot, two frontages shall be required to observe the fifteen (15) foot buffer. If more than two frontages exist, then the other right-of-way frontages shall be required to have no more than seven and one-half (7.5) feet of landscaped area. Developers shall be required to plant one large tree, as prescribed in Section 10.5.6.9, per forty (40) linear feet or portion thereof of street frontage. The landscaped portion of interior parkways may be included in the required landscape area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.
10.5.7.3.
Parking Lots Generally:
Landscape areas within parking lots should generally be at least one parking space in size, with no landscape area less than fifty (50) square feet in area. There shall be a minimum of one (1) tree planted in the parking area for every four hundred (400) square feet or fraction thereof of landscaped area in the parking lot. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. Landscape islands shall be located at the terminus of all parking rows and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, liner [litter], and car bumper overhangs, landscape areas shall be no less than five (5) feet wide and shall equal a total of at least sixteen (16) square feet per parking space. There shall be a landscaped area with a least one (1) tree within sixty (60) feet of every parking space.
10.5.7.4.
Existing and New Trees:
All existing trees which are to be preserved shall be provided with a permeable surface under the existing drip line of the tree. All new trees shall be provided with a permeable surface under the drip line a minimum of four (4) feet by four (4) feet.
10.5.7.5.
Frontage of Parking Lots:
At least seventy-five (75) percent of the frontage of parking lots, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs obtaining a minimum height of three (3) feet or a masonry wall of equal height. Use of a wall for parking lot screening should be accompanied with appearance of the wall. Landscape planting in the form of low shrubs and ground cover are required.
10.5.7.6.
Small and Large Trees:
A minimum of fifty (50) percent of the total trees required for the property shall be large trees as specified in section 10.5.6.9. Small trees shall be used under existing or proposed overhead utility lines. Trees are required 8 caliper inches per one-fourth (1/4) of an acre.
10.5.7.7.
Off-street Parking Area Abutting Adjacent Property Line:
Whenever an off-street parking area or vehicular use area abuts an adjacent property line, a perimeter landscape area of at least five (5) feet shall be maintained between the edge of the parking area and the adjacent property line. Whenever the adjacent property is zoned for residential use, a landscaped area of at least ten (10) feet shall be provided and planted with one large tree for each forty (40) linear feet or portion there of adjacent exposure.
10.5.7.8.
Tree Preservation (Refer to Tree Preservation Ordinance [article 9.06 of the Code of Ordinances])
10.5.7.8.1.
Markings and Equipment During Construction:
During any construction or land development, the developer shall clearly mark all trees to be maintained and may be required to erect and maintain protective barriers around all such trees or groups of trees. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip line of any trees.
10.5.7.8.2.
Cleaning Equipment and Waste Disposal During Construction:
During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain, neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain.
10.5.7.9.
Sight Distance, and Visibility
10.5.7.9.1.
Compliance:
Compliance with these landscaping requirements shall not be such as to restrict visibility or create blind corners at intersections.
Whenever an access way abuts the intersection of two (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 three (3) and six (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:
The areas of property on both sides of the intersection of an access way and public right-of-way shall have a triangular visibility area with two (2) sides of each triangle being a minimum of ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.
10.5.7.9.2.
Landscaping Location:
Landscaping, except required grass and low ground cover, shall not be located closer than three (3) feet from the edge of any access way pavement.
10.5.7.9.3.
Other Visibility Obstructions and Conflict:
In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the City Administrator, the requirements set forth herein may be reduced to the extent to remove the conflict.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 10.6 Loading Spaces.
10.6.1.
All retail, commercial, and industrial structures shall provide and maintain off-street facilities for the loading and unloading of merchandise and goods within the building or on the lot adjacent to a private service drive. At least one-half of such loading spaces shall have a minimum dimension of ten (10) feet by forty (40) feet, and the remaining spaces shall have a minimum dimension of ten (10) feet by twenty (20) feet. Where such loading space is located adjacent to a residential district, the space shall be enclosed on three (3) sides.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 10.7 Grading and Excavation Regulations.
10.7.1.
General.
This section is intended to provide the community with fair and equitable grading practices and is not meant to supersede the requirements of any other ordinance or code.
10.7.2.
Grading Responsibilities.
10.7.2.1.
Protection of utilities.
The developer shall be responsible for the prevention of damage to any public utilities or service.
10.7.2.2.
Protection of adjacent property.
The person doing or causing grading or excavation is responsible for the prevention of damage to adjacent property. No person shall grade or excavate on land to endanger any adjoining public street, sidewalk, alley or other public or private property, without supporting and protecting such property from any damage that might result from the grading or excavation.
10.7.2.3.
Inspection notice.
The developer shall notify the City Administrator at least 24 hours prior to start of work.
10.7.2.4.
Temporary erosion control.
The developer shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by water erosion, flooding or deposition of mud or debris originating from the site. Precautionary measures must include provisions of properly designed sediment control facilities so that downstream properties are not affected by upstream erosion, or upstream properties are not flooded by blockage of downstream drainage.
10.7.2.5.
Traffic control and protection of streets.
The developer shall provide flagmen, signs, barricades and other safety devices to ensure adequate safety when working in or near public streets.
10.7.2.6.
Hazard from existing grading.
Whenever any existing excavation, embankment or fill has become a hazard to life or limb or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment, or fill is located or the person or agent in control of said property, upon receipt of notice in writing from the City, shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill to eliminate the hazard.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 10.8 Approval and Availability of Essential Services.
All projects that require the additional use or new facilities of essential services, such as sewers, storm drains, fire hydrants, public streets, street lighting and similar services, shall obtain such approval as required by the agency providing such service prior to project approval.
Non-availability of essential services may be grounds for denying permits for additional development until such services are available. The City is not obligated to extend or supply essential services if capacity is not available. If capacity is available, the extension of services shall be designed and installed in full conformance with the jurisdiction's standards for such service, and shall be subject to review, permit and inspection as required by other policies or ordinances of the jurisdiction.
(Ordinance O-06-0403Z adopted 7/3/2007)