Harker Heights City Zoning Code
Subchapter III
SCREENING AND LANDSCAPING
§ 155.050 Screening Requirements.
(A)
Screening shall be installed and maintained as provided in §§ 150.30 through 150.38, with the exception that perimeter fencing around subdivisions, or between zoning districts, may be increased to seven feet in height.
(B)
Landscaping, fencing or other material shall be erected to a height not less than six feet, to provide a visual barrier from adjacent properties and streets. Such screening shall be permanently and adequately maintained by the owner of the property on which the screening is required. Except for the landscape buffer, no screening fence or wall shall have more than 40 square inches of openings over any one square foot of fence or wall surface.
(C)
Fencing may consist of solid wood panel or a galvanized metal chain link fence with all-weather slats interwoven into the metal fabric. Such fencing shall be constructed on metal posts and placed in concrete footings with bracing.
(D)
Fencing may be constructed of native stone, brick, precast concrete panels with decorative finish, or decorative masonry units; constructed with the finish side out. In no case shall more than 25% of the area of the wall be erected with common smooth-faced masonry units.
(Ord. 2001-36, 11-13-2001; Ord. 2006-40, 10-24-2006)
§ 155.051 Landscape Requirements.
(A)
Applicability.
This section applies to all nonresidential property developed or redeveloped, and to all land uses expanded or changed, after the effective date hereof. For purposes of this section, development, redevelopment, and expansion are deemed to occur if the initial application for a building permit is filed or required to be filed after the effective date hereof. For purposes of this section, a change in use is deemed to occur if the initial registration for a business is filed or required to be filed after the effective date hereof.
(1)
Each phase of a new multi-phase development shall comply with the requirements of this section as such phase is developed. The portion left for subsequent phases shall remain of developable size and quality. No building permit shall be issued for a subsequent phase of a project until all requirements of this section have been met in the preceding phase.
(2)
An existing use that is damaged by fire, explosion, wind, earthquake, or other calamity or act of God or the public enemy to the extent of 50% or more of its fair market value must thereafter comply with this section.
(3)
When the requirements of this section conflict with requirements of other provisions of this code, this section shall prevail; provided however, that the provisions of this section shall be subordinate to regulations pertaining to traffic and pedestrian safety.
(B)
Plan required.
(1)
The owner or developer shall file with the Director of Planning and Development a landscape plan containing the information required by this division. The landscape plan shall be filed along with an application for a building permit in the case of new development, redevelopment, or expansion of an existing use. The landscape plan shall be filed with a business registration in the case of a change in use. The plan shall contain the following:
(a)
The location, quantity, size, common name, and/or scientific name of all existing trees on the site;
(b)
The location, size and common name of each tree, shrub, and grass planting proposed to comply with this section;
(c)
The location of the proposed irrigation system or hose connections to serve the landscaping; and
(d)
Such additional information as may be requested by the Director of Planning and Development to verify compliance with this section.
(2)
Persons wishing to utilize special or unusual arrangements of plants and other landscaping materials as part of an overall site design shall prepare an alternative landscaping plan including information supporting the need for an alternative plan.
(3)
The Director of Planning and Development shall review all landscaping and landscaping plans for compliance with this section.
(4)
Landscaping shall be completed in accordance with the landscape plan approved by the Director of Planning and Development. In the event placement of landscaping materials is not practicable within the time specified in the plan, the Director of Planning and Development or the Building Official may grant an extension.
(C)
Landscaping required.
(1)
The owner of a lot or building shall place and maintain landscaping in compliance with this section. The minimum required amount of landscaping shall be determined as follows (for R-1, R-2 and R-3, see corresponding sections):
(a)
Number of trees.
The number of trees shall be calculated by dividing the lot frontage (i.e., the length in feet of lot lines abutting public rights-of-way) by 25. The resulting quotient shall be the total number of trees required. The length of the lot lines for irregular lots shall be the average width or length of the lot. A reduction in the required trees would apply to lots with more than one lot line abutting public right-of-way: two lot lines would be divided 30; three lot lines would be divided by 34; four lot lines would be divided by 40.
1.
A minimum of one-half of the total number of trees required shall be canopy trees, and the remainder may be either canopy or non-canopy trees. "Canopy trees" shall mean those species whose mature crown height is 20 feet or more. "Non-canopy trees" shall mean those species whose mature crown height is less than 20 feet.
2.
Trees planted adjacent to residential property to act as a buffer shall count as 1.25 trees each. No more than 50% of the total number of trees required may be planted adjacent to residential property.
(b)
Number of shrubs.
The number of shrubs shall be calculated by dividing the lot frontage by five. The resulting quotient shall be the number of shrubs required.
1.
Each two square feet of planting beds used and maintained for the purpose of rotating live decorative planting materials shall count as one shrub.
2.
Each canopy tree maintained in excess of the total number of trees required by this section shall reduce the number of shrubs required by ten. Each non-canopy tree maintained in excess of the total number of trees required by this section shall reduce the number of shrubs required by six.
(c)
Other groundcover.
Complete coverage by grass, live groundcover, or nonvegetative groundcover approved by the city is required in those areas not covered by trees, shrubs, pavement or other improvements.
(2)
When applied to an expansion of an existing use, the requirements of this section shall be calculated for the expansion only.
(3)
Where development occurs in phases on parts of lots or tracts, lot frontages may be considered to be the width of the impervious surfaces plus required setbacks.
(4)
Existing landscaping that otherwise complies with this section may be used to satisfy the minimum requirements of this division.
(5)
Landscaping placed in the public right-of-way may count towards the minimum requirements of this division only with the approval of the city and, in the case of right-of-way controlled by the state, the approval of the Texas Department of Transportation.
(D)
Approved landscaping and materials.
(1)
Trees.
Trees shall be six feet or more in height and measure a minimum of two inches in caliper (diameter) when measured 12 inches from the base of the trunk or top of the ball.
(2)
Shrubs and planting beds.
Shrubs shall be not less than three gallons in size.
(3)
Grasses and live groundcovers.
Where live plant materials are used, 100% groundcover is required, whether by solid sod overlay, preplanting and successful takeover of grasses, or planting of live groundcover.
(4)
Approved nonvegetative groundcovers include washed gravel, bark mulches, lava rock, sand, rock, or other decorative covers generally used in landscaping. Where approved nonvegetative groundcovers are used they shall form a uniform appearance free from weeds and grasses.
(5)
Artificial plant materials may not be used to meet the requirements of this section.
(6)
Among the permitted landscaping materials, the use of native vegetative species that conserve water and require less maintenance requirements is suggested.
(E)
Placement and maintenance.
(1)
Landscaping shall be on private property except as otherwise provided in this section, and not less than 50% of the required tree and shrub landscaping must front on public roadways.
(a)
If there is insufficient land available for landscaping upon a redevelopment, expansion or change in existing use (such as when all land area is paved), then the landscaping required by this section may be planted in the right of way upon approval of the Director of Planning and Development and/or the Texas Department of Transportation. If such approval cannot be obtained, then the requirements of this section may be reduced or waived accordingly by the Director of Planning and Development.
(b)
Landscaping placed in the public right-of-way shall not create a safety hazard, and maintenance thereof is the responsibility of the developer and adjacent property owner.
(2)
All landscaping shall comply with the sight distance requirements as defined.
(3)
All required landscaping other than nonvegetative groundcover shall be irrigated by either an underground sprinkler system, or hose attachment within 150 feet of all landscaping.
(4)
All required vegetative landscaping shall be maintained in good health. Dead, damaged or diseased landscaping must be promptly replaced, and in any event within the time required by the Building Official. Replacement landscaping must be of substantially the same type.
(5)
It shall be an offense for a person to park a vehicle on a landscaped area. It shall be an affirmative defense to prosecution under this division that at the time of the alleged offense the vehicle was parked or left standing due to a mechanical defect which made it unsafe to move, provided that the person having ownership or control of the vehicle obtained consent from the property owner to park the vehicle in that location, and as soon as reasonably possible completed emergency repairs or summoned tow removal equipment, as appropriate.
(Ord. 2001-36, 11-13-2001; Ord. 2004-06, 3-9-2004; Ord. 2006-40, 10-24-2006)
