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Freeport City Zoning Code

155.700 LANDSCAPING

AND BUFFERING

§ 155.701 PURPOSE AND APPLICATION

  • (A)
    Purpose. The purpose of this Section is to establish landscaping standards that enhance the appearance and character of the City, improve the compatibility of abutting uses, and protect the ecological and recreational value of the City's beautiful natural resources.
  • (B)
    Application. This Section applies to all new development, redevelopment, and substantial improvements, and where specifically indicated, to existing trees and landscaping.
  • (C)
    Required Landscaping Types.
    1. (1)
      Generally. Table 155.701-1, Required Landscaping Types Summary, sets out landscaping types required in each zoning district.  Figure 155.701-1, Illustrative Landscape Types, depicts these types. 
    2. (2)
      Soil and Groundcover. In addition to the requirements in Table 155.701-1, Required Landscaping Types Summary, all areas of development lots that are not paved or occupied by a building shall be seeded or sodded with a vegetative growth that is capable of preventing soil erosion and of eliminating dust.
  • Table 155.701-1

    Required Landscaping Types Summary

    Zoning DistrictsDevelopment Landscaping (§155.703)Bufferyards (§155.704)
    Foundation Landscaping Parking Lot LandscapingSite Landscaping 
    R1, R2, MH, WR------Required
    MFRequiredRequiredRequiredRequired
    DT----RequiredRequired
    C-1, C-2, C-3RequiredRequiredRequiredRequired
    W-1----RequiredRequired
    IN------Required

    Table 155.701-1

    Required Landscaping Types Summary

    Zoning DistrictsDevelopment Landscaping (§155.703)Bufferyards (§155.704)
    Foundation Landscaping Parking Lot LandscapingSite Landscaping 
    R1, R2, MH, WR------Required
    MFRequiredRequiredRequiredRequired
    DT----RequiredRequired
    C-1, C-2, C-3RequiredRequiredRequiredRequired
    W-1----RequiredRequired
    IN------Required

    Table 155.701-1

    Required Landscaping Types Summary

    Zoning DistrictsDevelopment Landscaping (§155.703)Bufferyards (§155.704)
    Foundation Landscaping Parking Lot LandscapingSite Landscaping 
    R1, R2, MH, WR------Required
    MFRequiredRequiredRequiredRequired
    DT----RequiredRequired
    C-1, C-2, C-3RequiredRequiredRequiredRequired
    W-1----RequiredRequired
    IN------Required

    Table 155.701-1

    Required Landscaping Types Summary

    Zoning DistrictsDevelopment Landscaping (§155.703)Bufferyards (§155.704)
    Foundation Landscaping Parking Lot LandscapingSite Landscaping 
    R1, R2, MH, WR------Required
    MFRequiredRequiredRequiredRequired
    DT----RequiredRequired
    C-1, C-2, C-3RequiredRequiredRequiredRequired
    W-1----RequiredRequired
    IN------Required

     Figure 155.701-1

    Illustrative Landscape Types

    1. (D)
      Landscape Plan. Prior to the issuance of a building permit on any site within a zoning district to which this Section applies, a landscape plan shall be required. See Sec. 155.1103, Site Development Plan. 

    Effective on: 1/10/2022

    § 155.702 GENERAL LANDSCAPING REQUIREMENTS

  • (A)
    Minimum Size of Plants at Installation. Plant material that is installed to comply with the requirements of this Article shall be the following sizes as set out in Table 155.702-1, Minimum Size of Plants at Installation
  •  Table 155.702-1

    Minimum Size of Plants at Installation 

     Type of Plant MaterialMinimum Size at Installation
     Overstory Tree3" caliper
     Ornamental Tree2.5" caliper
     Evergreen Tree6 ft in height
     Shrub5 gal. container

     Table 155.702-1

    Minimum Size of Plants at Installation 

     Type of Plant MaterialMinimum Size at Installation
     Overstory Tree3" caliper
     Ornamental Tree2.5" caliper
     Evergreen Tree6 ft in height
     Shrub5 gal. container

     Table 155.702-1

    Minimum Size of Plants at Installation 

     Type of Plant MaterialMinimum Size at Installation
     Overstory Tree3" caliper
     Ornamental Tree2.5" caliper
     Evergreen Tree6 ft in height
     Shrub5 gal. container

     Table 155.702-1

    Minimum Size of Plants at Installation 

     Type of Plant MaterialMinimum Size at Installation
     Overstory Tree3" caliper
     Ornamental Tree2.5" caliper
     Evergreen Tree6 ft in height
     Shrub5 gal. container
    1. (B)
      Planting Locations.
      1. (1)
        Distance from Utilities.
        1. (a)
          No street trees or large trees shall be planted under or within 10 lateral feet of any overhead utilities. 
        2. (b)
          No trees, except street tree species that are approved by the City, shall be planted over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility line, or as required by the owner of the utility or the requirements of the specific easement.
      2. (2)
        Sight Distance Triangle.  Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree would have to be materially compromised in order to maintain the sight visibility triangles. See §155.705, Visibility Triangles.
    2. (C)
      Completion of Landscape Improvements.
      1. (1)
        Bufferyard. Bufferyard and landscaping must be completed prior to a certificate of occupancy being issued. If this requirement would result in the installation of landscaping during an inappropriate season, then the City may:
        1. (a)
          Allow the site plan to be recorded upon condition that security is provided for the installation of the required landscaping during planting season; or
        2. (b)
          Issue a temporary certificate of occupancy, on the condition that a permanent certificate of occupancy will not be issued unless the required landscaping is installed.
      2. (2)
        All Other Landscaping. All other landscaping must be installed before issuance of a permanent certificate of occupancy. A temporary certificate of occupancy may be issued if necessary to allow for the planting of landscaping improvements during an appropriate season or weather condition.
    3. (D)
      Maintenance.
      1. (1)
        Generally. The property owner, or property owners' association for a multi-tenant development, shall be responsible for the maintenance of all landscaping and screening devices. This shall include watering, mowing, edging, pruning, weeding, fertilizing, and other such activities common to the maintenance of landscaping.
      2. (2)
        Landscape materials shall be maintained in such a manner that they comply with the sight visibility requirements of §155.705, Visibility Triangle. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials that are 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.
      3. (3)
        Replacement. Plant material that dies shall be replaced with plant material of similar variety and size within 90 days. 

    Effective on: 1/10/2022

    § 155.703 LANDSCAPING REQUIREMENTS BY TYPE

  • (A)
    Foundation Landscaping.
    1. (1)
      Generally. Landscaping that is planted adjacent to the foundation of a building may be used as screening, buffering between adjacent buildings on the same or different sites, shade for windows or outdoor areas, or as an aesthetic element of the site design.
    2. (2)
      Requirements. The foundation landscape area shall be planted with 30 shrubs per 1,000 square feet of building area.
    3. (3)
      Substitutions. Shrubs may be substituted with deciduous ornamental trees or evergreen trees at a rate of three shrubs per small tree or evergreen tree. However, deciduous ornamental trees and evergreen trees shall be set back from building walls a sufficient distance to ensure that they have room to grow to maturity.
  • (B)
    Parking Lot Landscaping. Parking lots with five or more parking spaces shall provide permanently landscaped areas consisting of islands and medians within the parking area in accordance with Table 155.703-1, Parking Lot Planting Requirements, and as illustrated in Figure 155.703-1, Illustrative Parking Lot Planting Requirements.
  • Table 155.703-1 

    Parking Lot Planting Requirements

    Planting LocationsRequired PlantingsIsland and Median Standards
    All Parking Lots (5 or More Spaces)
    Endcap Island: At the end of each parking row 
    • 1 overstory tree or 2 evergreen or ornamental trees 
    Each endcap island shall be a minimum of 9' wide and the length of the parking row1 with 10-foot curb radii on the side closest to the parking aisle
    Corner Island: At the corners of parking lots 
    • 1 overstory tree or 2 evergreen or ornamental trees 
    Each corner island shall be a minimum of 400 square feet in area and defined by the intersection of the parking rows at each corner of the parking lot
    Parking Rows with Less Than 30 Parking Spaces
    Interior Island: In the middle of parking rows planted at intervals of not less than one island for each 10 parking spaces
    • 1 overstory tree 
    Each interior island shall be a minimum of 9' wide and the length of the parking row1 with 5-foot curb radii on the side closest to the parking aisle
    Parking Rows with 30 or More Parking Spaces
    Interior Island: In the middle of parking rows planted at intervals of not less than one island for each 10 parking spaces
    • 1 ornamental tree
    Each interior island may be reduced to 16 square feet configured in a diamond or triangle pattern, with the center point of the diamond located at the point where four parking spaces meet (for double parking rows) or the base of the triangle located at the point where two parking spaces meet (for a single parking row). See Figure 155.703-2, Large Parking Row Reduced Interior Islands.
    Median: Along the entire centerline of a double parking row 
    • Continual 3-foot tall hedge or ornamental grasses
    Each median shall be a minimum of 5' wide continuous 3' wide continuous 3' tall hedge, shrub, or ornamental grasses 
    TABLE NOTES:
    1 For example, if there is single row of 90 degree parking spaces, the length is 18 feet; if there is a double row of 90 degree parking spaces, the length is 36 feet.
    Figure 155.703-1
     Illustrative Parking Lot Planting Requirements

    Figure 155.703-2
    Large Parking Row Reduced Interior Islands
    1. (C)
      Site Landscaping.
      1. (1)
        Planting Location. All areas not designated as foundation plantings, bufferyards, parking lot landscaping, or utilized for pedestrian and vehicular access to the building (for example, sidewalks, parking spaces, loading spaces, service areas, and drive-in or drive-through facilities) shall be landscaped meeting the requirements of this Section.
      2. (2)
        Trees. One overstory or evergreen tree, or three ornamental trees, shall be planted per 1,000 square feet of the site landscaping area.
      3. (3)
        Shrubs. Six shrubs shall be planted per 1,000 square feet of the site landscape area.

    Effective on: 1/10/2022

    § 155.704 BUFFERYARDS

  • (A)
    Generally. The bufferyards that are required by this Chapter are based on the amount of screening they provide, which are classified from less screening (Type A) to more screening (Type C), depending on the types and intensities of adjacent uses.
  • (B)
    Bufferyard Required. Table 155.704-1, Bufferyard Requirements sets out the type of bufferyard required based on the zoning districts of the parcel proposed for development and adjoining properties.
  • (C)
    Symbols. Table 155.704-1, Bufferyard Requirements, uses the following symbols:
    1. (1)
      "A" means a Type A bufferyard is required. 
    2. (2)
      "B" means a Type B bufferyard is required.
    3. (3)
      "C" means a Type C bufferyard is required.
    4. (4)
      "--" means no bufferyard is required.
  • Table 155.704-1

    Bufferyard Requirements 

     Zoning of Proposed Development         Adjacent Property Zoning
    R1, R2, WRMH, MFDTC-1, C-2. C-3W-1IN
    R1, R2, WR--AABBC
    MH, MF

    A

    --AABC
    DTAA--ABC
    C-1, C-2, C-3BAA--AC
    W-1BBAA--C
    INCCCCC--

    Table 155.704-1

    Bufferyard Requirements 

     Zoning of Proposed Development         Adjacent Property Zoning
    R1, R2, WRMH, MFDTC-1, C-2. C-3W-1IN
    R1, R2, WR--AABBC
    MH, MF

    A

    --AABC
    DTAA--ABC
    C-1, C-2, C-3BAA--AC
    W-1BBAA--C
    INCCCCC--

    Table 155.704-1

    Bufferyard Requirements 

     Zoning of Proposed Development         Adjacent Property Zoning
    R1, R2, WRMH, MFDTC-1, C-2. C-3W-1IN
    R1, R2, WR--AABBC
    MH, MF

    A

    --AABC
    DTAA--ABC
    C-1, C-2, C-3BAA--AC
    W-1BBAA--C
    INCCCCC--

    Table 155.704-1

    Bufferyard Requirements 

     Zoning of Proposed Development         Adjacent Property Zoning
    R1, R2, WRMH, MFDTC-1, C-2. C-3W-1IN
    R1, R2, WR--AABBC
    MH, MF

    A

    --AABC
    DTAA--ABC
    C-1, C-2, C-3BAA--AC
    W-1BBAA--C
    INCCCCC--
    1. (D)
      Exemptions. A parcel proposed for development, redevelopment, or substantial improvement shall be exempt from the requirement to provide a bufferyard under the following conditions:
      1. (1)
        When there is an elevation difference between two adjacent properties that is six feet or greater; or
      2. (2)
        When the parcel proposed for development, redevelopment, or substantial improvement is separated from the adjacent property by a natural area that meets or exceeds the level of screening required by the applicable bufferyard.
    2. (E)
      Bufferyard Types. There are three types of bufferyards, each of which vary in the width of the bufferyard and the numbers and types of plants that are required per 100 linear feet, or portion thereof. The minimum planting requirements for each type and composition of bufferyard are set out in Table 155.704-2, Bufferyard Types and Figure 155.704-1, Bufferyard Types.

     Table 155.704-2

    Bufferyard Types

     TypeBufferyard WidthRequired Plantings per 100 Linear Feet
    Without FenceWith Fence1 Overstory TreesEvergreen TreesOrnamental TreesShrubs
    Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1
    A8 ft 5 ft21 21 311510
    B18 ft 10 ft 32 32 623020
    C25 ft 15 ft 63 63 93 4030

    Table Notes:

    1. Fences in Type A or Type B Bufferyards shall be at least six feet tall and fences in Type C Bufferyards shall be eight feet tall.In all bufferyards, fences shall beopaque and comply with §155.403, Accessory Uses and Structures. 

     Table 155.704-2

    Bufferyard Types

     TypeBufferyard WidthRequired Plantings per 100 Linear Feet
    Without FenceWith Fence1 Overstory TreesEvergreen TreesOrnamental TreesShrubs
    Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1
    A8 ft 5 ft21 21 311510
    B18 ft 10 ft 32 32 623020
    C25 ft 15 ft 63 63 93 4030

    Table Notes:

    1. Fences in Type A or Type B Bufferyards shall be at least six feet tall and fences in Type C Bufferyards shall be eight feet tall.In all bufferyards, fences shall beopaque and comply with §155.403, Accessory Uses and Structures. 

     Table 155.704-2

    Bufferyard Types

     TypeBufferyard WidthRequired Plantings per 100 Linear Feet
    Without FenceWith Fence1 Overstory TreesEvergreen TreesOrnamental TreesShrubs
    Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1
    A8 ft 5 ft21 21 311510
    B18 ft 10 ft 32 32 623020
    C25 ft 15 ft 63 63 93 4030

    Table Notes:

    1. Fences in Type A or Type B Bufferyards shall be at least six feet tall and fences in Type C Bufferyards shall be eight feet tall.In all bufferyards, fences shall beopaque and comply with §155.403, Accessory Uses and Structures. 

     Table 155.704-2

    Bufferyard Types

     TypeBufferyard WidthRequired Plantings per 100 Linear Feet
    Without FenceWith Fence1 Overstory TreesEvergreen TreesOrnamental TreesShrubs
    Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1Without FenceWith Fence1
    A8 ft 5 ft21 21 311510
    B18 ft 10 ft 32 32 623020
    C25 ft 15 ft 63 63 93 4030

    Table Notes:

    1. Fences in Type A or Type B Bufferyards shall be at least six feet tall and fences in Type C Bufferyards shall be eight feet tall.In all bufferyards, fences shall beopaque and comply with §155.403, Accessory Uses and Structures. 

     Figure 155.704-1

    Bufferyard Types

     Bufferyard TypeWithout FenceWith Fence
    A

     

    B
    C
    1. (F)
      Relationship to Other Bufferyard Requirements. Some limited uses have different requirements for bufferyards, as specified in §155.402, Limited Use Standards. If bufferyards are required by another section of this Chapter along property boundaries that are also district boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required). 

    Effective on: 1/10/2022

    § 155.705 VISIBILITY TRIANGLE

  • (A)
    Generally. No buildings, structures, fences, walls, and other similar objects shall be erected or placed on a lot in a manner that obstructs or interferes with visibility at any intersection of any street, driveway, or other vehicle access point. 
  • (B)
    Exceptions. Trees and shrubs may be planted in the visibility triangle area provided that the limbs and foliage are trimmed so they are not projecting into the vertical dimensions of the visibility triangle area as illustrated in Figure 155.705-3, Vertical Dimensions of Visibility Triangle Areas.
  • (C)
    Visibility Triangle Areas. The size of the visibility triangle areas is based on the vehicle access type and street classifications found in Brazoria County 2020 Thoroughfare Plan. The standards for each type of area are detailed in Subsection (D) and Subsection (E), below and illustrated in Figures 155.705-1, Horizontal Dimensions for Road Intersections, and 155.705-2, Horizontal Dimensions for Driveway Intersections.
  • (D)
    Horizontal Dimensions for Road Intersections.
    1. (1)
      Intersections with Major or Principal Thoroughfares. Where one or both of the intersecting roads are major or principal thoroughfares, the horizontal dimensions of this triangle are measured 25 feet along the property lines from the intersection.
    2. (2)
      Intersections with Major Collectors and Local Roads. Where one or both of the intersecting roads are principal thoroughfares, the horizontal dimensions of this triangle are measured 15 feet along the property lines from the intersection.
  • Figure 155.705-1

     Horizontal Dimensions for Road Intersections

    Intersections with Major or Principal Thoroughfares 
    Intersections with Major Collectors and Local Roads
    1. (E)
      Horizontal Dimensions for Driveway Intersections. Where the intersection consists of a right-of-way and a driveway, the horizontal dimensions of this triangle are measured 10 feet along the property lines from the intersection.

    Figure 155.705-2

    Horizontal Dimensions for Driveway Intersections 

    1. (F)
      Vertical Dimensions. The vertical dimensions of the visibility triangle are three feet to six feet above finished grade as illustrated in Figure 155.705-3, Vertical Dimensions of Visibility Triangle Areas.

    Figure 155.705-3,

    Vertical Dimensions of Visibility Triangle Areas 

     

    Effective on: 1/10/2022