(a)

Generally. The regulations and development controls of the various districts shall be modified by and be subject to the following provisions and limitations:

(1)

Lot requirements:

a.

Lot required. Every building hereafter erected shall be located on a plotted lot recorded in the county records and in no case shall there be more than one (1) main building on such lot, except as provided in this section.

b.

Multiple structures on lot. In any district, more than one (1) structure for permitted principal uses other than a single-family dwelling may be erected on a lot of record, provided that yard and other requirements of these regulations shall be met for each structure as though it were on an individual lot of record.

c.

Frontage on street. Every building hereafter erected or moved shall be on a lot abutting a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off-street parking.

(2)

Height limitations:

a.

General exceptions. The height regulations contained in the district regulations shall not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. This exception shall not apply to flagpoles, which shall be limited to the height specified for buildings in the district.

b.

Visibility at intersections. On any corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision in the visibility triangle, as defined in this Code. (See § 24-21(a)(2))

(3)

Temporary uses and buildings:

a.

Upon application for and receipt from the enforcing officer of a permit, there shall be permitted during the period of any construction project temporary portable buildings providing office space and sanitary facilities for construction personnel, storage of supplies and material; and security fences on the site. No other use shall be conducted in such temporary portable buildings and no manufacturing operation shall be conducted within a temporary portable building when the product of such operation is to be transported off the site for use in construction in another location.

b.

All accessory buildings shall comply with the city building code, with the exception of temporary buildings as set forth above and movable buildings allowed in R-1 and R-2 districts.

c.

Except for construction on a lot where a temporary building is to be located, such temporary buildings shall not remain more than one (1) year and such building shall not exceed a maximum of two hundred fifty (250) square feet in size.

d.

Temporary buildings for use as classrooms shall be allowed as accessory uses for public schools and churches so long as they meet the requirements of all city ordinances, including, but not limited to, the requirements of chapters 5 and 8 of the Hurst Code of Ordinances.

e.

Temporary use of trailers or shipping containers for the storage of merchandise in conjunction with retail sales establishments will be allowed for a maximum of thirty (30) continuous days provided that a minimum of ninety (90) days have passed since the trailers or containers have been removed from the property. A permit must be obtained from the city prior to placing the trailers or containers on the property. The permit fee of one hundred dollars ($100.00) per trailer or container shall be paid for each thirty-day period. A maximum of one (1) forty-foot or two (2) twenty-foot containers per ten thousand (10,000) square feet of building space will be allowed. The trailers or containers may not be located in any part of a fire lane, required parking space, maneuvering lane, or visibility triangle.

(4)

Agricultural and livestock uses: Agricultural and livestock uses may be conducted in any zone; provided, however, neither livestock nor fowl may occupy any lot of less than forty thousand (40,000) square feet.

(5)

Temporary sales uses: On any property in any district, except those zoned for residential uses, the temporary sales of Christmas trees and other forms of decorative plant materials associated with the celebration of religious events shall be permitted for a period of thirty (30) days prior to the day of such event. On any property in any district, except those zoned for residential uses, the temporary sales of pumpkins shall be permitted for a period of thirty (30) days prior to and including Halloween. Enforcing officers shall issue a permit for such sales when he finds:

a.

That there is available an off-street parking area, either improved or unimproved, equal to the size of the plant material display and sale area; and

b.

That the location of parking areas, lighting and sale signs will not constitute a hazard to public travel on the abutting public streets. Trees, stands, equipment, trash, signs and lighting shall be removed by the permit holder within fourteen (14) days after the final termination of sales activities.

(6)

Temporary outdoor sales: In the GB and GB PD districts, limited outdoor sales will be allowed by permit on individual platted lots of at least ten (10) acres, subject to the following restrictions:

a.

Application must be made to the building official by the party in charge of the premises where the outdoor sales are to occur. This will ordinarily be the owner or manager of the shopping center, not one (1) tenant of a multi-occupancy center. Such application shall be accompanied by a fee established by the city manager at a level adequate to pay the cost of administering the permit process and inspections necessary to assure compliance with these regulations.

b.

No more than three (3) permits shall be issued for any lot in any calendar year and at least thirty (30) days shall elapse between permit dates.

c.

Permits shall be valid for no more than ten (10) days.

d.

Temporary sales activities, including tents and displays, shall not occupy more than ten thousand (10,000) square feet.

e.

No displays, sales activities or tents shall be located closer than fifty (50) feet from a street curb.

f.

No displays, sales activities or tents shall be located within any fire lane.

g.

No outdoor sales activities shall be conducted between the hours of 9:00 p.m. of any day and 7:00 a.m. on the following day.

h.

Compliance with Chapter 32 of the fire code shall be required.

i.

The only merchandise which may be sold under such permit shall be that which is customarily sold indoors on the same premises by businesses conducting the sale. Tents, awnings and cash registers will be allowed in permitted outdoor sales areas, and transactions in such areas shall be deemed to be consummated indoors.

j.

A permittee shall remove all merchandise, tents and sales equipment within seventy-two (72) hours after the expiration date of the permit and shall clean the site, remove trash and repair damage to the parking lot.

(b)

Yard provisions:

(1)

Accessory buildings: No accessory building shall be located in a minimum required exterior yard. No accessory building shall exceed eleven (11) feet in height if constructed in any required yard.

(2)

Mechanical equipment: Air-conditioning, heating, swimming pool equipment and similar mechanical equipment shall not be mounted in minimum ten-foot minimum yard spaces. Equipment shall be so placed as to direct motor and fan noise away from the nearest property line. Mechanical equipment on rooftops shall be screened from all adjacent public or residential sites. Existing public schools are exempted from the requirement to screen rooftop-mounted equipment from public or residential sites. New schools or major additions to existing schools must meet the screening requirements of this section.

(3)

Other yard uses: Fences, walls, poles, posts, customary fixed yard accessories and ornaments, and roof overhangs projecting not more than thirty-six (36) inches may be permitted in any minimum required yard, subject to height limitations and requirements limiting obstruction of visibility in residential planned development districts. The council may approve, as part of the PD site plan, masonry walls higher than noted above in required exterior yards as long as the same do not violate visibility restrictions.

(4)

Rear yards: Minimum rear yard requirements for residential uses shall not be less than the depth of any dedicated easements abutting the rear property line.

(5)

Double frontage lots: On double frontage lots (that is, lots which extend through from one (1) street to another), where the required rear exterior yard is not adjacent to a required front yard on an abutting property, the required rear exterior yard shall be reduced to six (6) feet exclusive of dedicated easements, but in no event to be less than ten (10) feet including such easements.

(c)

Swimming pools: It is the purpose of these provisions to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercial owned or operated:

(1)

Permits and approvals: No swimming pool shall be constructed until a building permit has been issued therefor, and shall not be used until a certificate of occupancy has been issued therefor. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and state health department regulations.

(2)

Requirements: A swimming pool may be constructed and operated when:

a.

The pool is not located in any required exterior yard space; provided, however, that on R-1 double frontage lots (that is, lots which extend through from one street to another) a swimming pool may be located in a required rear or side exterior yard as long as no part of such pool lies within ten (10) feet of a property line.

b.

A wall or fence, not less than four (4) feet in height, with self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area.

c.

All lighting of the pool is shielded or directed to face away from adjoining residences. If lights are not individually shielded, they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from adjacent properties.

d.

No audio system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of swimmers.

(d)

Sale of household effects and personal belongings. In connection with the residential occupancy of a dwelling, the tenants thereof may offer their personal belongings and household effects for sale to the general public in a paved drive, a garage or other accessory building; provided, however, the interval between such sales shall be at least six (6) months, and no sale period shall extend for more than three (3) consecutive calendar days.

(e)

Walls and fences:

(1)

Permit required: No fence shall be erected or replaced and no required fence shall be removed without a fence permit obtained from the enforcing officer.

(2)

Fence permit application: A person desiring a permit to erect or remove or replace any fence shall make written application to the enforcing officer, which application shall designate the location of the fence on the lot, the height of the fence and the materials of which the fence is to be constructed.

(3)

Screening fence required:

a.

A permanent brick or solid decorative masonry screen fence not less than six (6) feet in height shall be erected prior to issuance of a certificate of occupancy on properties zoned MH or R-3 which abut on properties zoned R-1, R-1A, R-2, RPS, RH or AL; and on property zoned MH, which abuts property zoned R-3. No fence shall be required for schools, churches, and public buildings located adjacent to R-1, R-1A or R-2 zoned property. Such screening fence shall be erected along the entire length of the common line between such property or on the property required to erect screening, and it shall be permanently and adequately maintained by the owner of the property on which the screening is required to be erected.

b.

A permanent brick or solid decorative masonry screening fence not less than six (6) feet in height shall be erected on O-1, O-2, NB, LB, GB, OC or I zoned property which abuts on property zoned R-1, R-1A, R-2, R-3, RPS, U, RH or AL, or which is separated from such property only by a public or private street sixty (60) feet or less in width. Such fence shall be erected along the entire length of the common line between such properties, or if there is an intervening street, along the nonresidential property line closest to the street separating it from the residentially zoned property. Breaks for vehicular and pedestrian access shall be permitted, as well as for preservation of visibility triangles required elsewhere in this Code. Chainlink fencing may be allowed when O-1, O-2, NB, GB, LB, OC or I zoned property abuts major city parks or Tarrant County Junior College.

c.

Where subdivisions are platted so that the rear yards of R-1, R-1A, R-2, R-3, RPS, RH or AL zoned lots are adjacent to a dedicated roadway in excess of thirty-one (31) feet in pavement width, including curb and gutter, or separated from such a roadway by an alley or service road, the developer shall provide, at his sole expense, a brick or decorative solid masonry wall with a minimum height of six (6) feet located on the street right-of-way line.

d.

When a brick or masonry fence is erected adjacent to a dedicated roadway the color of the wall shall be uniform and/or compatible on both sides of a thoroughfare between two (2) intersecting thoroughfares. When walls are built in sections, the color shall be as closely similar as possible, but shall in no case be incompatible.

e.

All brick and masonry screening fences shall be placed on an engineered concrete footing.

f.

Masonry or brick columns shall be expressed at a minimum of thirty (30) feet on centers and should typically be taller than the remainder of the wall.

g.

The exterior of all sides of each wall of a screening fence shall be finished with the same material and shall be similar in appearance. Developers are encouraged to create offsets in brick or decorative masonry walls to provide visual variety.

h.

At development and subdivision entry features, all walls and raised planter beds shall be of brick or decorative masonry construction. In addition to the design of the entry feature must conform to the visibility requirements of Chapter 24 of this Code.

Developers are encouraged to create offsets in brick or masonry walls to provide visual variety.

(4)

Safety and appearances: No wall or fence shall be constructed or maintained in such a manner as would endanger the health or safety of the general public. Any fence or wall that is in disrepair, rotted, leaning, missing pieces, or otherwise detracts from the aesthetics of the area, must be repaired, replaced or removed at the property owner's expense. All new wood fences and wood fences being completely replaced must use metal or concrete posts except as otherwise approved by the building official for decorative fences such as vinyl or split rail fences. Fences constructed of barbed wire (except for livestock fences) and walls topped with broken glass or surfaced with like material shall be prohibited, provided, however, a security fence of not less than six (6) feet in height may be topped with barbed wire.

(5)

Height: Walls and fences hereafter constructed on property used for or restricted to residential uses shall be no greater than eight (8) feet in height, subject to the following limitations:

a.

The height of a wall or fence shall be the vertical distance between the ground and the top of the fence. In terrain where ground slopes at a grade of ten (10) percent or more, the fence or wall may be built in ten-foot horizontal stair-step sections; the average height of each such section shall comply with the height regulations set forth in this section.

b.

No wall or fence located in a required front yard shall have a height of more than three (3) feet; provided, however, security fences may be permitted if shown on approved site plans.

c.

Where residential subdivisions, with a minimum of one hundred (100) lots, are platted so that the exterior yards of two (2) or more lots are adjacent to a dedicated roadway in excess of thirty-one (31) feet in pavement width, including curb and gutters; or separated from such a roadway by an alley or service road, a developer may provide, at his sole expense, a brick or decorative solid masonry wall with a minimum height of two (2) feet located on the street right-of-way line of such oversized street. Such wall shall be permitted only if erected along each lot adjacent to such street.

d.

Where rigid enforcement of the screening requirements of the zoning ordinance will result in a conflict with section 24-21 of this Code of Ordinances (view and passage obstruction), the view and passage obstruction requirements shall govern.

e.

Retaining walls shall be permitted for the purpose of protecting property against sliding earth or accidental injury to human life. The height of a retaining wall shall be determined according to accepted engineering principles and the design shall be approved by the city engineer. A fence erected on top of a retaining wall shall be subject to the height limitations above, measuring from the high side of the wall.

f.

When two (2) adjoining corner lots are situated so that their lot fronts face parallel streets and so that the side exterior yard of one is a continuation of the side exterior yard of the other, such side exterior yard on both lots may be enclosed by a wall or fence having a maximum height above grade of eight (8) feet to the rear of the side exterior yard on each lot.

g.

Where subdivisions are platted so that side yards of residential lots are adjacent to a dedicated roadway and where a cul-de-sac approaches the paved roadway, but does not intersect with it, the developer may provide, at his sole expense, a brick or decorative solid masonry wall with a maximum height of eight (8) feet located on the street right-of-way line.

h.

When a corner lot is situated so that its rear interior lot line is common to a side interior lot line of an adjoining lot which fronts on a street not parallel with the street the first lot fronts on, the fence or wall height along the nonparallel street shall be governed by the regulations applicable as though both lots faced the nonparallel street.

(6)

Fences on double frontage lots: Double frontage lots are to be discouraged; however, if R-1 double frontage lots are contained in an approved plat, the yard on the street which the majority of the houses in such plat front shall be deemed the front yard and the remaining exterior yard may be fenced at the property line, and shall not be deemed the front yard. All other provisions of subsection (e) shall apply.

(7)

Retaining walls:

a.

Retaining walls constructed to facilitate a change in grade shall not be located in such a manner that any portion from the footing to the top of the wall crosses a property line. Retaining walls may extend lengthwise across a property line. Retaining walls supporting a structure must be located on the same lot as the structure.

b.

Retaining walls over one (1) foot in height shall be constructed of masonry or concrete. All retaining walls supporting a structure shall be constructed of masonry or concrete.

c.

All retaining walls over one (1) foot in height or that support a structure must be permitted. Permits must be obtained from the building inspections division.

d.

All retaining walls four (4) feet or greater in height must be designed by a professional engineer.

(8)

Corner lots in residential districts. This subsection applies exclusively to fences located on corner lots in residential districts. Notwithstanding any other provision in this chapter, fences located on corner lots in residential districts may be located on the property line that is adjacent and parallel to street(s), subject to the following limitations:

a.

The fence cannot be located in the visibility triangle.

b.

The fence cannot be located in front of the front building line setback on the lot.

c.

The fence is not located in a curve, or other type of hazardous condition/location, or in any way restricts visibility from vehicles on the roadway.

d.

The fence is not located next to an adjacent property's driveway, where visibility will be negatively impacted when a vehicle is exiting/entering the driveway.

e.

The fence does not encroach, interfere with, or enclose city-owned right-of-way or easements adjacent to streets.

f.

The building official and executive director of public works are authorized to require supplementary conditions when it is determined the location of a proposed fence is detrimental to the neighborhood or may impede existing or future development, and/or disapprove the proposed fence location based on other conditions.

(f)

Major recreational equipment. For the purpose of these regulations, major recreational equipment is defined as including boats and trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation or household purposes when parked or stored on a residential lot, or in any location not approved for such use.

(g)

Front yard storage. No part of a required front yard shall be used for more than thirty (30) days for parking or storage of any vehicle, object or material; excepting, however, trailers and motor vehicles which are both currently licensed and operable.

(h)

Environmental regulations. The following regulations are to control contamination of the air, water or the environment and to safeguard the health, safety and welfare of the people:

(1)

No machines, process or procedures shall be employed on any property in the city in which:

a.

Emission of smoke, dust, noxious, toxic or lethal gases is detectable beyond the perimeter or the property.

b.

Materials are stored or accumulated in such a way that they may be carried by rainwater in natural drainage channels beyond the limits of the property which are noxious, toxic, radioactive, contain oil or grease, wood or cellulose fibers, hair, feathers, plastic or have a pH factor above ten (10) or below five (5).

c.

Vibration is discernible beyond the property line.

d.

Noise above the ambient noise level is discernible beyond the property line.

e.

Direct or sky-reflected glare is discernible beyond the property line.

(2)

No swimming pool, stormwater drain, roof drain or area drain shall empty into a sanitary sewer.

(3)

Swimming pools shall not be allowed to become stagnant or to contain any water which, due to its condition, is unhealthful.

(i)

Landscaping:

(1)

Purpose: These landscaping regulations provide standards and criteria for new landscaping with live plant material, and are intended to promote the value of property, enhance the general welfare, improve the physical appearance of the city, and enhance the community's ecological, environmental and aesthetic qualities.

a.

It is the intent of this section to establish requirements for the installation and maintenance of landscaping and buffering elements and other means of site improvement on existing and newly developed property in order to enhance the community's ecological, environmental and aesthetic qualities.

b.

It is the intent of this section to reduce the negative effects of increases in air temperatures, glare, noise, erosion, and sedimentation caused by expanses of impervious and unvegitated surfaces within the urban environment.

c.

It is the intent of this section to preserve and improve the natural urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification; oxygen regeneration; ground water recharge; storm water runoff retardation; and the abatement of noise, glare and heat.

d.

It is the intent of this section to safeguard and enhance property values and protect public and private investment.

(2)

Applicability: The provisions of the landscaping regulations contained in this section shall apply in the following situations:

a.

When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the value of the proposed construction exceeds seventy-five (75) percent of the current appraised value of the existing structures, excluding the value of the land; or

b.

When an existing building is proposed for an addition that will increase the square footage of the existing building by thirty (30) percent or greater; or

c.

Upon all new construction; or

d.

As a requirement of the approval of a special use permit or planned unit development.

(3)

General criteria:

a.

The standards contained in this section are considered minimum standards and shall apply to all zoning districts. Single-family residences and their accessory buildings shall be exempt from the requirements of this section except as provided in subsection (b) below.

b.

All new single- and two-family residential properties shall provide a minimum of three (3) three-inch caliper trees of a species found on the approved plant list in Table 21-2. At least one (1) such tree must be located in front of the required front building line.

c.

All landscaping shall be installed prior to the issuance of a certificate of occupancy. A certificate of occupancy will be issued only when the building official determines that all landscaping has been installed in accordance with the approved landscape plan. If it is determined by the building official that planting of live material is hindered by adverse weather conditions, an extension of time may be granted for a period of up to six (6) months.

d.

Landscape plans shall be prepared by a licensed landscape architect, certified nurseryman or master gardener.

(4)

Landscape plan required: When an application is submitted for a building permit on any site where these landscape regulations are applicable, the building permit application shall be accompanied by a landscape plan. The building official shall review the landscape plan to determine compliance with these landscape regulations. The landscape plan shall include sufficient information to determine compliance with this section, and shall as a minimum contain the following information:

a.

The date, scale, north arrow, title, and name of owner.

b.

A minimum scale of not less than one (1) inch equals two hundred (200) feet or greater.

c.

All existing and proposed buildings and other structures, paved areas, planted areas, power poles, light standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be added and/or retained on the site.

d.

The location and height of all trees to be preserved or retained.

e.

The location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features.

f.

A delineation of the designated landscaped area.

g.

A list of the species of all plant material to be used.

h.

A list of the size and height of all plant material to be used.

i.

The spacing of plant material where appropriate.

j.

Notes that an irrigation system including rain and freeze sensor controls will be provided for all landscaped areas.

k.

The name, address, and telephone number of the person or firm responsible for the preparation of the landscape plan.

(5)

Definitions:

a.

Administrative official: The City of Hurst city manager or designee.

b.

Parking lot: Parking lots shall include any expanse of pavement for the maneuvering and parking of automobiles.

c.

Large island: An island with a minimum dimension of six (6) feet by twelve (12) feet with a minimum of one (1) tree.

d.

Small spot island: An island with a minimum dimension of six (6) feet by six (6) feet square, or six (6) feet circular. Small spot islands are limited to a maximum of sixty (60) percent of the total number of islands combined. A minimum of one (1) tree is required per spot island.

e.

Large tree: Minimum three-inch caliper.

f.

Ornamental tree: Minimum four (4) feet high.

g.

Large shrub: Minimum three (3) feet high.

h.

Small shrub: Minimum two (2) feet high.

i.

Drip line: A vertical line that runs through the outermost portion of the crown of a tree and extending to the ground.

j.

Groundcover: Minimum four-inch pot.

k.

Undesirable species: A species prone to disease, pests, or other maintenance concerns.

(6)

Landscape area percentage: An area not less than fifteen (15) percent of the total lot area shall be landscaped. No area shall be maintained with bare soil. All ground surfaces not used for buildings, sidewalks, roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching and only those areas with live plant materials shall be included in the calculation for determining compliance with the percentage of lot coverage.

(7)

Landscape setback: There shall be a landscape setback area having a minimum width of fifteen (15) feet adjacent to all public street rights-of-way. Roof overhangs and awnings are permitted within this area as long as no conflict exists with the required landscaping. Loading areas, outside storage and outside display areas shall not encroach into the landscape setback. No parking or maneuvering areas are permitted within the landscape setback with the exception of ingress and egress drives. The landscape setback shall contain grass, ground covers, shrubs, trees, or any combination thereof, as provided herein. The landscape setback shall contain at a minimum:

a.

Required trees. Within the landscape setback, one (1) large tree shall be planted per fifty (50) feet, or fraction thereof, of street frontage. Existing trees situated within the landscaped edge may be included in this calculation. Two (2) ornamental trees may be substituted for a large tree.

b.

Required shrubs. Ten (10) small shrubs, shall be planted per fifty (50) linear feet, or fraction thereof, of street frontage. Shrubs planted for parking lot screening may be used to satisfy this requirement.

c.

The required landscape setback landscaping shall not count toward parking lot screening or parking area landscaping requirements.

(8)

Parking lot screening: Parking lots which are not screened by on-site buildings or fences shall be screened from view of public rights-of-way and open space as follows:

a.

Screening shall be a maximum height of thirty (30) inches above the grade of the parking lot along and adjacent to its entire length and provide a solid screening barrier using one (1), or a combination, of the following:

1.

Screening shrubs.

2.

Berms.

b.

Screening shrubs shall be large shrubs spaced a minimum of three (3) feet on center. Shrubs shall be planted a minimum of two (2) feet off the back of curbs. Areas under the car bumpers shall be covered with groundcover or special paving treatments such as brick or concrete pavers. Screening shrubs may be counted toward required landscape setback shrubs.

c.

A maximum thirty-inch high earth berm with 1:3 (one vertical to three horizontal) slopes set within a minimum twenty (20) feet wide parking lot edge shall be provided between the property line and the edge of the parking lot. The entire length of the berm shall be vegetated with live plant materials.

d.

Screening shall not extend into any visibility triangle.

(9)

Landscaping of parking lots: Parking lots shall be landscaped in accordance with the following regulations:

a.

All landscaping within the parking lot shall be located within a landscape island. The island shall be delineated from the surrounding paved area by a curb or barrier of not less than six (6) inches in height around the perimeter of the island. The curb or barrier shall be constructed of masonry or concrete. Each island shall be located entirely within the confines of the parking and maneuvering area.

b.

One (1) large tree shall be planted for every twenty (20) parking spaces. No parking space shall be located more than one hundred (100) feet from a large tree within a landscaped island. All landscape islands shall be landscaped with at least groundcover and one (1) large tree. Trees required by this section shall be located within an island in the interior of the parking lot.

c.

Each drive approach for a property shall be constructed with parking entrance islands on each side of the driveway. The parking entrance islands shall be constructed perpendicular to the property line. The parking entrance island shall commence at the termination of the required landscaped setback and extend into the property. The parking entrance island shall be eighteen (18) feet in length and six (6) feet wide. The long dimension shall be perpendicular to the landscape setback. The landscape entrance island shall be planted with small shrubs placed at three-foot centers.

d.

All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking lots shall be set back two and one-half (2½) feet from any curb placed where vehicles may face.

e.

All parking lots must be at least five (5) percent landscaped. This percentage counts toward the overall landscape requirement for the lot. For any larger existing trees located in the parking lot, which are being retained and incorporated into the landscape plan, an appropriate aeration system or an alternative method of protecting the trees must be provided and detailed in the landscape plan. At least three-fourths (¾) of the tree dripline area must be in a permeable area.

(10)

Conflict with traffic: Landscape plantings shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. All landscape plantings shall comply with any applicable visibility sight triangles as provided for in the zoning ordinance.

(11)

Buffer yard regulations:

a.

Purpose. It is the purpose of this section to provide buffering elements for visual buffering between zoning districts of different character in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights; and to provide spacing between different uses that may be considered incompatible.

b.

Buffer yard between zoning districts required. For any nonresidential or multi-family construction which abuts a single-family or two-family residential zoning district, there shall be a fifteen-foot buffer yard of live plant material for the entire width and distance along which the development abuts the residential district. This green belt is included in the overall calculation of the percentage of required landscaping.

c.

Buffer requirements.

1.

Multi-family zoning adjacent to single-family zoning. Multi-family zoning adjacent to single-family zoning shall provide the following:

i.

A masonry screening wall not less than six (6) feet in height.

ii.

A minimum of one (1) large tree planted per each thirty (30) linear feet of buffer area;

iii.

A minimum of forty (40) percent of the provided large trees shall be evergreen.

2.

Nonresidential zoning adjacent to residential. Nonresidential zoning adjacent to residential zoning shall provide the following:

i.

A masonry screening wall not less than six (6) feet in height.

ii.

A minimum of one (1) large tree planted per each thirty (30) linear feet of buffer area.

iii.

A minimum of forty (40) percent of the provided large trees shall be evergreen.

3.

Nonresidential zoning adjacent to residential zoning and separated by a street. Nonresidential zoning adjacent to residential zoning and separated by a street shall provide the following:

i.

The rear, service side and/or loading docks of the nonresidential zone shall comply with the requirement of this section.

ii.

The rear, service side and/or loading docks shall be screened from view by a masonry screening wall not less than six (6) feet in height.

iii.

The rear, service side and/or loading docks shall provide a fifteen-foot buffer yard.

iv.

A minimum of one (1) large tree planted per each thirty (30) linear feet of buffer area.

v.

A minimum of forty (40) percent of the provided large trees shall be evergreen.

vi.

In lieu of the masonry-screening wall, a combination of screening shrubs and berms may be constructed to the minimum six-foot height. Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slope. The entire length of the berm shall be vegetated with live plant material.

(12)

Landscaping credits:

a.

Purpose. Credits for trees and shrubs are intended to encourage the enhancement of the lot through additional landscaping elements and to provide relief to parcels that are configured in such a way as to make the fifteen (15) percent landscape area requirement less burdensome.

b.

General criteria. As an alternative to the required fifteen (15) percent total landscaped area, landscape credits may be utilized to reduce the total amount of land area dedicated for landscaping purposes. However, in no instance shall the credits reduce the total amount of landscaping on a lot to less than ten (10) percent of the total land area. Credits are allowed for existing or newly planted trees and shrubs, and only if the feature is maintained as a permanent element of the landscape plan. No credit will be given for "undesirable species", a list of suggested undesirable trees is shown in Table 21-3.

All landscaped areas, including trees, shrubs, vines, grasses and groundcover that received landscaping credits, shall be properly maintained. If any plant material dies, such material shall be subject to replacement as specified in Table 21-2.

c.

Credit for trees. Credit shall be allowed according to Table 1. Any plant type or species maybe used in the landscaping plan. However, landscaping credit shall be allowed only for those trees contained in Table 21-2.

Table 1

Equivalent Landscape Area for Trees

(13)

Maintenance of landscaping: All landscaping and related maintenance shall be the responsibility of the property owner. The following minimum standards shall be required:

a.

All required landscape areas shall be permanently maintained and shall be irrigated with an automatic conventional irrigation system equipped with rain and freeze sensor controls. The irrigation system shall be installed by a licensed irrigator or master plumber.

b.

Landscape islands shall be irrigated as required by this section. Irrigation of all landscaped area adjacent to any parking and/or driving surfaces shall be installed such that a minimum amount of water is applied to parking and/or driving spaces.

c.

Irrigation systems may be buried on public street right-of-way; however, the city or any franchised utility will not be responsible for damage to any landscaping material or equipment while performing repairs of maintenance to its system.

d.

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants that are not a part of the landscaping.

e.

All plant materials shall be maintained in a healthy and growing condition as appropriate for the season of the year. The property owner is responsible for regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed.

f.

Plant materials which die shall be replaced by the owner within a six-month period with plant material of similar variety and size.

(14)

Appeals: Any decision made by the administrative official with regard to a request for a landscape variance may be appealed by any party to the planning and zoning commission and city council in that order.

a.

Jurisdiction: The administrative official shall have the right to inspect premises where required in the discharge of their responsibilities under this section. The administrative official, in specific cases, may authorize or order the following:

1.

Interpretation: To hear and decide appeals where it is alleged there is error on any order, requirement, decision or interpretation of this section by the plans examiner.

2.

Permits for nonconformities: To authorize, when applicable, a building permit for the reconstruction, extension, or enlargement of an existing structure in which the landscaping is nonconforming within the requirements of this section.

3.

Variances: To authorize upon appeal, in specific cases, such variance from the terms of this section as will not be contrary to the public interest and where, because of special conditions, the enforcement of the section would result in an unnecessary hardship.

b.

Fees: Every application for a variance shall be accompanied by a filing fee as follows: One hundred fifty dollars ($150.00).

c.

Approval of request:

1.

In approving any request, the administrative official may designate such conditions including time limits, if appropriate, in connection therewith in order to secure substantially the objectives of the regulation or provision to which such variance is granted and to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.

2.

When necessary the administrative official may require guarantees, in such form as it deems proper, to insure that conditions designated in connection therewith are being or will be complied with.

(15)

Violations:

a.

If the administrative official shall find any of the provisions of this section being violated, he shall, when necessary, give notice to the person responsible to cease such violations forthwith.

b.

Written notice may be delivered in person or by mail to a violator or to any person in charge of property where a violation is occurring. The administrative official or his appointee may give verbal notice to a violator in person. Either notice shall be effective.

c.

In their interpretation and application, the provisions of this section shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare.

d.

Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the requirements that are most restrictive or that impose higher standards as determined by the administrative official shall govern.

Table 21-2
HURST GENERAL PLANT LIST

An asterisk (*) denotes those plant materials which are particularly outstanding for this area.

Table 21-3
HURST UNDESIRABLE SPECIES LIST

(j)

Commercial, industrial and multifamily garbage containers. Commercial, industrial and multifamily [garbage] containers two (2) cubic yards or larger shall not be located on any lot except on a concrete pad meeting the following criteria:

(1)

The pad shall be located at least thirty (30) feet from all residential lots and shall be sized so that the container desired can be accommodated entirely on the pad; but in no event shall such pad be less than ten (10) feet from front to back nor less than eighteen (18) feet wide measured between required corner posts. There shall be no overhanging wires with a clearance of less than twenty-three (23) feet seven (7) inches. Bollards shall be installed to protect the required screening fence and shall be constructed and located as specified by the city engineering division.

(2)

There shall be a concrete approach at least twelve (12) feet wide and at least twenty (20) feet long separated from the pad by an expansion joint. There shall be no overhanging wires with a clearance of less than twenty-three (23) feet seven (7) inches.

(3)

Such pad approaches shall be constructed according to the standards on file in the office of the city engineer styled "Trash Collection Container and Pad," dated April, 1988.

(4)

There shall be a driveway or parking lot abutting the approach which shall be at least twenty-two (22) feet in width, capable of supporting vehicles of sixty-four thousand (64,000) pounds gross vehicle weight and shall have a turnaround area of at least thirty (30) feet minimum turning radius or another accessible safe exit for the truck. The angle between the line of travel on the access driveway and the direction to the container shall not exceed forty-five (45) degrees. Minimum inside curve radii shall be thirty-five (35) feet. Minimum outside curve radii shall be fifty-seven (57) feet. Driveway grade shall not exceed six (6) percent. There shall be no overhanging wires with a clearance of less than eighteen (18) feet.

(5)

Compactor units shall be required to meet all the foregoing requirements and in addition shall be required to be within a fenced, locked area inaccessible to children.

(6)

A permanent brick or solid decorative masonry fence not less than eight (8) feet in height shall be provided for all refuse containers. A solid wood or metal gate is required on one (1) of the four (4) sides of the screening fence for the purpose or access.

TABLE 21-1

EQUIVALENT LANDSCAPE AREA FOR
TREES AND SHRUBS

*Plantings less than 3 feet in height above finished grade shall not be counted in computation of equivalent landscaped area.

(k)

Lighting. Wooden poles shall not be used for support of lights within the RH, AL, 01, 02, NB, LB, GB and OC districts.

(l)

Tree preservation:

(1)

Purpose. The terms and provisions of this section are intended to accomplish the following public purposes:

a.

Encourage site planning and landscape planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when such removal is necessary.

b.

Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the city.

c.

Protect and increase the value of residential and commercial properties within the city.

d.

Prohibit the indiscriminate clear cutting of property.

(2)

Definitions.

Administrative official. The City of Hurst City Manager or designee.

Buildable area. That portion of a building site exclusive of the required yard areas on which structure or building improvements may be erected, and including the actual structure, driveway, parking lot, pool, and other construction as shown on the site plan.

Clearing. An intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation or cause same to decline and/ or die. Clearing is defined to include, but not be limited to, chemical, physical, compaction, or grading damage. Clear-cutting is a clearing activity conducted over an entire lot.

Critical root zone. The soil within the dripline of a tree.

Designated tree. A tree or tree trunk and root system on any undeveloped property that has a caliper of three (3) inches or greater.

Drip line. A vertical line that runs through the outermost portion of the crown of a tree and extending to the ground.

(3)

Applicability. The terms and provisions of this section shall apply to real properties, persons and trees as follows:

a.

Properties, persons, circumstances which are regulated by this section:

1.

Any real property upon which any designated tree is located.

2.

Any property for which a final plat has not been submitted on the date of Ordinance No. 1768.

3.

Any property for which construction plans have not been submitted on the effective date of Ordinance No. 1768.

b.

Properties, persons, circumstances which are exempt from tree removal permitting provisions of this section:

1.

Public entities: An employee of a public utility, the city, or an authorized contractor working in a dedicated public right-of-way may in the course of business, remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility.

2.

Residential lots: The owner of a single-family home, the owner's tenant, or an authorized contractor for the owner may remove all or a portion of a tree which exists on the lot of record on which the single-family home is built.

3.

Diseased and damaged trees: A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the administrative official in consultation with the property owner.

4.

Nurseries: All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public.

5.

All municipal/public domain property and city employees or authorized contractors.

6.

Disasters: Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service.

c.

Properties, persons, circumstances which are exempt from tree replacement provisions of this section:

1.

A person performing work authorized by a building permit in the residential buildable area.

2.

A person performing work authorized by an approved site plan in the commercial building footprint.

3.

A person performing work authorized by the approved grading and drainage plan in the residential setback envelope.

4.

An employee of a public utility or the city or a person performing work authorized by an approved subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement.

(4)

Tree removal permits required. No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this section without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this section. No building permit shall be issued unless the applicant signs an application or permit request which states that all construction activities shall meet the requirements of the tree preservation regulations. If the tree removal permit application is made in conjunction with a site plan or construction permit submitted for approval, the application will be considered as part of the site plan and no permit shall be issued without site plan or construction plan approval. The administrative official is responsible for the review and approval or disapproval of all requests for tree removal permits.

a.

Undeveloped residential subdivisions: The administrative official shall determine from a review of subdivision tree surveys, grading and drainage plans the following:

1.

The trees outside of the exempted areas of the right-of-way and easements which are slated for removal.

2.

The extent of tree replacement in accordance with these regulations.

b.

Undeveloped platted residential lots: The administrative official shall review building permits for undeveloped lots and determine the following:

1.

The trees outside of the exempted buildable area which are slated for removal.

2.

The extent of tree replacement in accordance with these regulations.

c.

Platted commercial lots: The administrative official shall review building permits for commercial lots and determine the following:

1.

The trees outside of the exempted commercial building footprint which are slated for removal.

2.

The extent of tree replacement in accordance with these regulations.

d.

Appeals: Any decision made by the administrative official with regard to a request for a tree removal permit may be appealed by any party to the planning and zoning commission and city council in that order.

e.

Permit validity: Permits for tree removal issued in connection with a building permit, subdivision plan and site plan shall be valid for the period of that building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void ninety (90) days after the issue date on the permit.

(5)

Submittal requirements. The administrative official shall establish administrative procedures necessary to facilitate the implementation and enforcement of this section. These procedures shall include the following:

a.

Tree removal permit: A request for a tree removal permit must be submitted an approved prior to the removal of any tree.

b.

Fees: All tree removal permits shall be accompanied by a check for twenty-five dollars ($25.00) made payable to the City of Hurst or in the amount established by the schedule of fees approved periodically by the city council.

c.

An application involving a limited portion of a site may be based on an exhibit showing only that portion of the site.

d.

Aerial photograph interpretation may supplant the ground survey for preliminary analyses of large scale developments, such as subdivisions, utility corridors and golf courses, at the discretion of the administrative official.

e.

The items required on a submitted exhibit:

1.

Title block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit.

2.

Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and, referenced to property lines.

3.

Existing and proposed site elevations, grades and major contours.

4.

Construction details of permanent grade changes around all trees.

5.

Location of trunks and canopies of all existing trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration.

6.

Proposed general areas or locations of the replacement trees.

f.

Tree information required shall be summarized in legend form on the plan and shall include:

1.

The list of trees to be removed.

2.

The total diameter of trees to be removed.

3.

Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See subsection (9) for replacement tree list.)

g.

Tree protection notes and details shall be included on site plans, subdivision plans or landscape plans and always included with the bid documents given to the contractor.

(6)

Tree replacement requirements.

a.

Replacement tree specifications: In the event that it is necessary to remove a tree which is three (3) inches or greater via permit approval, the applicant, as a condition to issuance of a tree removal permit, shall be required to replace the trees being removed with quality trees as defined herein. A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches of fraction thereof trees three (3) inches or greater and slated for removal or removed in violation of this section. Replacement trees shall be a minimum of three (3) inches diameter when measured one (1) foot above the soil line a minimum of eight (8) feet in height when planted.

Examples:

1.

A total of eighteen (18) diameter inches removed shall be replaced with six (6) three-inch diameter trees.

2.

A total of nineteen (19) diameter inches removed shall be replaced with seven (7) three-inch trees or five (5) three-inch trees and one (1) four-inch tree.

b.

Procedures: Replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, an applicant may initiate a proposal to plant trees off-site. This may be approved if the planting site is in reasonable proximity to the project area. The city has the authority to allow the planting to take place on another property or to allow the applicant to make a payment of the prevailing rate for installed trees per diameter inch in lieu of replanting the trees to be removed (sixty dollars ($60.00) per diameter inch initially) into a tree and landscape redevelopment fund.

c.

Restrictions: Easements and rights-of-way: The location of replacement trees is restricted from utility easements and rights-of-way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten (10) feet of a fire hydrant.

d.

Guarantees: All replacement trees shall be guaranteed for two (2) years from the date of the final inspection and acceptance of the project. The entire site shall have a survival rate of eighty-five (85) percent or greater.

e.

Timing: Replacement trees shall be planted prior to the issuance of the certificate of occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacement tree plantings may take place after the project is released by the city; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a one-year guarantee, plus fifteen (15) percent to cover administrative cost.

(7)

Tree protection. A major purpose of this section is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects which involve development around trees.

The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the administrative official.

a.

Prohibited activities: The following activities shall be prohibited with the limits of the drip line of any tree which is subject to the requirements of this section.

1.

Material storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the drip line of any tree.

2.

Equipment cleaning/liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the dripline of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.

3.

Tree attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree.

4.

Vehicular traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the dripline of trees.

b.

Pre-construction: The ensuing procedures shall be followed prior to construction.

1.

Tree flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4) or more such that the tape is visible to workers on foot or driving equipment.

2.

Protective fencing: All trees shall have protective fencing located at the tree's drip line. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with a four-foot (4) approximate height. The protective fencing may be located within the drip line of the specimen tree for approved construction only. The fencing shall follow the delineation of the approved construction.

3.

Bark protection: In situations where a tree remains in the immediate areas of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree.

4.

Construction pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty (30) percent of the entire canopy without the administrative official's prior approval.

c.

Improvement within the critical root zone of a tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone. The following is the minimum design criteria which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required.

1.

Grade changes: In the event that grade changes must be made around a tree or group of trees, the following should be implemented in order to maintain oxygen and water exchange within the tree's critical root zone.

i.

Minimum of seventy-five (75) percent of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree.

ii.

No cut or fill greater than two (2) inches shall be located closer to the tree trunk than one-half (½) of the radius of the critical root zone radius distance.

iii.

Increase grade: Provide an aeration system just outside the tree's drip line. A dry well located a minimum of one-half (½) of the radius of the critical root zone.

iv.

Decrease grade: Provide retaining walls outside the dripline to mitigate cuts.

2.

Boring of utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight (48) inches.

3.

Trenching: Irrigation systems shall be designed to avoid trenching across the critical root zone of any tree.

4.

Paving: A maximum of twenty-five (25) percent of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (½) of the critical root zone radius distance.

d.

Notes required as a part of all construction plans:

1.

All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading).

2.

Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or dripline. The fence will be maintained throughout the construction project in order to prevent the following:

i.

Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials.

ii.

Critical root zone disturbances due to grade changes greater than two (2) inches cut or fill, or boring which was not authorized by the city.

iii.

Wounds, to the trunk, limbs or exposed roots by mechanical equipment.

iv.

Other activities detrimental to trees such as chemical storage, cement trunk cleaning, and fires.

3.

In cases of area constraints where the protective fence is closer to the trunk than four (4) feet, the trunk must be protected with strapped-on planking to a height of eight (8) feet or to the limits of the lower branching.

4.

All grading within critical root zones of specimen trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two (2) feet behind the grade change area.

5.

Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves.

6.

Trenching for landscape irrigation shall be located as far from the existing trunks as possible.

7.

Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins.

(8)

Violations. Any person violating or failing to comply with any provision or requirement of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall without exception, be fined the maximum amount provided in this chapter.

a.

A monetary penalty of one hundred dollars ($100.00) per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Hurst.

b.

A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such.

(9)

Tree replacement list. The following chart shows the list or appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County.

Replacement Tree Chart

(m)

Gas wells—Specific use permit required. Gas wells shall be allowed in the City of Hurst only when a specific use permit is granted in accordance with the terms set out in chapter 12, article XI, or any successor sections.

(Code 1965, Ch. 27, §§ 19.1—19.9; Ord. No. 1091, § 1, 10-8-85; Ord. No. 1105, § 1, 11-26-85; Ord. No. 1131, § 1, 5-13-86; Ord. No. 1134, § 3, 7-8-86; Ord. No. 1141, § 1, 8-26-86; Ord. No. 1175, §§ 1, 2, 2-24-87; Ord. No. 1191, §§ 2, 3, 5-26-87; Ord. No. 1193, § 1, 6-9-87; Ord. No. 1220, § 1, 11-24-87; Ord. No. 1231, § 1, 5-24-88; Ord. No. 1303, § 1, 11-13-90; Ord. No. 1332, § 1, 5-28-91; Ord. No. 1412, § 1, 8-10-93; Ord. No. 1509, § 1, 9-26-95; Ord. No. 1626, § 1, 6-23-98; Ord. No. 1760, § 1, 3-13-01; ; Ord. No. 1761, § 1, 3-13-01; Ord. No. 1762, § 1, 3-13-01; Ord. No. 1768, § 1, 3-27-01; Ord. No. 1777, § 1, 5-8-01; Ord. No. 1759, § 1, 6-26-01; Ord. No. 1780, § 1, 7-10-01; Ord. No. 1781, § 1, 5-8-01; Ord. No. 1857, § 1, 3-13-03; Ord. No. 1965, § 1, 10-25-05; Ord. No. 2161, § 2, 2-22-11; Ord. No. 2248, § 3, 2-11-14; Ord. No. 2512, § 2, 8-9-22; Ord. No. 2563, § 2, 2-27-24)