Joshua City Zoning Code
ARTICLE 8
Landscape, Open Space and Tree Preservation
§ 8.1 Purpose.
A.
It is the purpose of this Article to establish regulations pertaining to landscaping within the City. These regulations provide standards and criteria for new landscaping and the retention of existing trees and are intended to:
1.
Promote the value of property, enhance the welfare, and improve the physical appearance of the City;
2.
Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment; and
3.
Preserve and improve the natural and urban environment by recognizing that the use of landscaping elements and retention of existing trees can contribute to the processes of air, improve the purification, oxygen regeneration, groundwater recharge, abatement of noise, reduction in glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City of Joshua.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.2 Landscaping Definitions.
A buffer yard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between, land uses to eliminate or minimize conflicts between them.
The area of the building in contact with the ground.
Diameter of the trunk measured one foot (1') above ground level.
A perennial woody plant single or multiple trunks, contributing to the uppermost spreading branch layer of a forest and may be commonly referred to as shade trees.
The changing of the existing topography to promote construction of structures or infrastructure to accommodate any improvements necessary to erect facilities for dwelling, commercial or industrial uses resulting in developed property.
Any permeable or non-permeable decorative pavement material intended for pedestrian or vehicular use. Enhanced pavement includes brick or stone pavers, grass pavers and stamped and stained concrete.
Low growing, dense spreading plants typically planted from containers.
The area of the lot remaining after subtracting the area of the buffer yards.
A person registered as a Landscape Architect in the State of Texas pursuant to state law.
An area covered by natural grass, ground cover, or other natural plant materials.
Thin bladed surface growing plants typically planted from seed, sprigs, or plugs.
A person duly licensed by the State of Texas to design and install irrigation systems.
A paving material that permits water penetration.
That area within the public right-of-way (R.O.W.) between the back of curb or edge of pavement and the right-of-way line.
Landscape areas used for annual and perennial flowers intended to maintain year-round color accents.
Plants that grow vertically in a multi-branched growth pattern.
Small evergreen or deciduous perennial woody plants, which would grow below the top layer of the forest and typically would have unique branching, textural or seasonal color characteristics.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.3 Events Causing Compliance.
Unless otherwise provided for in this Section, land uses not previously subject to landscaping requirements may be required to comply with this Article upon the occurrence of one of the following events:
A.
A change in zoning;
B.
Requirement of landscaping as a condition of a Conditional Use Permit;
C.
Issuance of a building permit; or
D.
Loss of legal nonconforming status.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.4 Single-Family and Two-Family Residential Landscaping.
The following landscape installation is required
A.
Twenty (20) percent of the total lot shall be landscaped. Landscaping which includes the planting of new and the retention of existing shrubs, trees, and flowering plants
B.
Residential uses located in the A, R-1L, R-1, or R-2 zoning districts shall be required to have a minimum of one tree in the front-yard setback. Such trees shall be a minimum of three (3) inches in caliper.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.5 Multifamily Development in R-3 and R-4 Districts.
8.5.1
LANDSCAPE PLAN REQUIRED.
A.
The landscape plan may be prepared by the applicant. The landscape plan is not required to be prepared by a registered or certified professional.
B.
A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this ordinance shall be provided and approved prior to the issuance of a building permit.
C.
The landscape plan shall be drawn to a minimum scale of one (1) inch equals fifty (50) feet and shall contain the following information:
1.
Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by the Building Official;
2.
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
3.
Species of all plant material to be used;
4.
Size of all plant material to be used;
5.
Spacing of plant material where appropriate;
6.
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
7.
Description of maintenance provisions of the landscape plan;
8.
Persons responsible for the preparation of the landscape plan.
8.5.2
MULTIFAMILY LANDSCAPING REQUIREMENTS.
A.
Twenty (20) percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this ordinance shall be landscaped in accordance with this Section.
B.
Not less than forty (40) percent of the total landscaping required shall be located in the front yard setback. The front yard setback will also be considered the landscape strip.
C.
No parking shall be allowed within any front yard setback.
D.
One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every five hundred (500) square feet of front yard setback.
E.
One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every fifteen (15) parking spaces.
F.
Of the required twenty (20) percent landscaping, interior parking lots shall be landscaped as follows:
Total Parking Area in Square Feet | Interior Landscape Area in Percentage |
|---|---|
7,000–24,999 | 5 |
25,000–49,999 | 8 |
50,000 and larger | 10 |
G.
Parking lots less than seven thousand (7000) square feet shall not be required to provide interior landscaping.
H.
All landscaped areas, including permeable areas and driplines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area, shall be protected with curbs, parking blocks, or similar barriers sufficient to protect them from vehicular intrusion.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.6 Nonresidential Uses and Residential Common Areas.
8.6.1
LANDSCAPE PLAN REQUIRED.
A.
The landscape plan may be prepared by the applicant. The landscape plan is not required to be prepared by a registered or certified professional.
B.
A landscape plan shall be submitted to the City for approval. The landscape plan may be submitted as a part of the site plan or as a separate submittal. However, a landscape plan meeting the requirements of this ordinance shall be provided and approved prior to the issuance of a building permit.
C.
The landscape plan shall be drawn to a minimum scale of one (1) inch equals fifty (50) feet and shall contain the following information:
1.
Location of all trees to be preserved, method of preservation during the construction phase of development shall be approved by the Building Official;
2.
Location of all plants and landscaping material to be used including paving, benches, screens, fountains, statues, or other landscape features;
3.
Species of all plant material to be used;
4.
Size of all plant material to be used;
5.
Spacing of plant material where appropriate;
6.
Layout and description of irrigation, sprinkler or water system, including placement of water sources;
7.
Description of maintenance provisions of the landscape plan;
8.
Persons responsible for the preparation of the landscape plan.
8.6.2
NONRESIDENTIAL AND RESIDENTIAL COMMON AREAS LANDSCAPING CRITERIA.
A.
Twenty (20) percent of the total land area in any lot upon which development or construction occurs for any use after the effective date of this ordinance shall be landscaped in accordance with this Section.
B.
Not less than forty (40) percent of the total landscaping required shall be located in the front yard setback. The front yard setback will also be considered the landscape strip.
C.
No parking shall be allowed within any front yard setback.
D.
One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every five hundred (500) square feet of front yard setback.
E.
One Shade Tree (minimum three (3) inch caliper) from the approved Tree List shall be planted for every fifteen (15) parking spaces.
F.
Of the required twenty (20) percent landscaping, interior parking lots shall be landscaped as follows:
Total Parking Area in Square Feet | Interior Landscape Area in Percentage |
|---|---|
7,000–24,999 | 5 |
25,000–49,999 | 8 |
50,000 and larger | 10 |
G.
Parking lots less than seven thousand (7000) square feet shall not be required to provide interior landscaping.
H.
A parking screen shall be provided on nonresidential properties where headlight glare from parking spaces, or the orientation of a drive through would cause the glare to be directly observed from the public right-of-way. A parking screen of live evergreen shrubs shall be installed in a planting strip adjacent to the parking area. The planting strip must be at least a minimum thirty-six (36) inches wide and protected from vehicle damage through distance and curbing. The screen shall be of sufficient height at planting, to adequately screen headlight glare. The front yard landscape buffer may also be utilized. Planted shrubs may not interfere with any established sight visibility triangles.
I.
All landscaped areas, including permeable areas and driplines around trees and planting beds used for visual screening which abut any parking lot or vehicular travel area, shall be protected with curbs, parking blocks, or similar barriers sufficient to protect them from vehicular intrusion.
J.
Where the construction is to be a single phase of a multi-phase development, only the area being constructed in the current phase shall be subject to the landscape regulations. However, each phase will be required to meet the landscaping regulations as that phase is developed.
K.
In the I Industrial zoning district only, the rear and side yard landscape requirements may be waived by the Administrative Official upon submittal of a landscape plan meeting the other requirements of this Section.
L.
All landscape material shall comply with visibility requirements of the Subdivision Ordinance.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.7 Preferred Tree List.
Small Trees | Medium Trees | Large Trees (Shade Trees) |
|---|---|---|
Redbud | Golden Raintree | All Oak Trees (Quercus Species) |
Hawthorn | Bald Cypress | Cedar Elm |
Crape Myrtle | Sweet Gum | Southern Magnolia |
Japanese Black Pine | River Birch | Pecan |
Arizona Cypress | Deodar Cedar | Slash Pine |
Eastern Red Cedar | Chinese Pistachio | Loblolly Pine |
Flowering Crabapple | Desert Willow | Sycamore |
Drake Elm | Chinese Elm | |
Holly | Thornless Honey Locust | |
Elderica Pine | Green Ash | |
Waxleaf Ligustrum | Arizona Ash | |
White Dogwood | Japanese Maple | |
Cherry Laurel |
(Ordinance 782-2020 adopted 6/18/20; Ordinance 858-2023 adopted 3/16/2023)
§ 8.8 Tree Planting Requirements.
8.8.1
DISTANCE FROM CURB TO SIDEWALK.
The distance that trees may be planted from the curb or curb lane will be in accordance with the tree species size classes listed in Section 8.7, and no trees may be planted closer to any curb or sidewalk than the following: small trees-two (2) feet; medium trees-three (3) feet; and large trees-four (4) feet.
8.8.2
TREE DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS.
No tree shall be planted within the visibility triangle. No tree shall be planted closer than ten (10) feet of any fire hydrant.
8.8.3
UTILITIES.
No trees other than those species listed as small trees in Section 8.7 may be planted in any utility easement under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground waterline, sewer line, transmission line or other utility. If Utility providers prohibit the planting of trees within their respective easements, the developer shall relocate the required trees; however, they must obtain approval from the Administrative Official on where the trees are to be relocated on the site.
8.8.4
TREE TOPPING.
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical are exempt from this Section.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.9 Installation, Irrigation and Maintenance.
A.
All required landscaped area shall be permanently landscaped with living plant material, and shall have an irrigation system installed. Synthetic or artificial lawn or plant material shall not be used to satisfy the landscape requirements of this ordinance.
B.
Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.
C.
All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Maintenance shall include mowing, watering, trimming, pruning, and other steps necessary to maintain the plants in healthy and growing condition. Plant materials which die shall be replaced with plant material of similar variety and size within ninety (90) days period, with a one-time extension not exceeding ninety (90) days being provided upon approval of the City Council.
D.
In areas to be maintained by the City, if approved by the City Council, all landscape and irrigation materials to be used by the developer shall be designed to conserve water and be of low maintenance. All landscape and irrigation improvements shall conform to the requirements of the City governing sight distance for traffic safety and other ordinances of the City. All planting, if maintained by the City, must be approved by the City. Submittal of plant types will be submitted with irrigation plans for review and approval.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.10 Landscaping of Public Right-of-Way.
A.
Any developer desiring to install and maintain landscaping materials and irrigation facilities within the City right-of-way or Texas Department of Transportation (TXDOT), must first enter into and execute a median right-of-way landscape and irrigation agreement.
B.
Entranceway or amenity features within the City or State right-of-way may be developed under the responsibility of a homeowners association or commercial property owners association. Documents shall be submitted, reviewed and approved by the City and/or the State.
C.
Any developer desiring to install or maintain landscaping materials or irrigation facilities in any portion of a dedicated street, median or other public right-of-way shall submit to the Administrative Official of the City, complete plans for any and all proposed improvements. The plans shall include the following:
1.
A scaled drawing (one inch equals 40 feet) clearly indicating the location, type, size and description of all proposed landscaped materials and existing utilities. Planting design of materials must be submitted to ensure adequate coverage.
2.
The name of the subdivision or addition, and the name and address of the developer.
3.
A north arrow, scale and date of preparation.
4.
A clear indication of the configuration, location, type and size of all irrigation, piping, heads and controllers, including the name, address and license seal of the designer.
5.
Such other information reasonably deemed necessary by the City.
D.
The City will review and approve or deny the submitted plans, and have the right to require revisions.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.11 Landscaping as Related to Certificate of Occupancy.
A.
All landscaping shall be completed and installed in accordance with the approved landscape plan within ninety (90) days of a Certificate of Occupancy being granted. A one-time extension not to exceed ninety (90) days may be granted upon approval of the Administrative Official.
B.
If these landscaping requirements have not been satisfied within six (6) months from the issuance of a Certificate of Occupancy, the property owner shall be considered in violation of this ordinance, and shall be subject to the penalties established herein. A one-time extension not to exceed six (6) months may be granted upon approval of the City Council.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.12 Nonconforming Landscaping Conditions.
Developments, structures, and uses that are in existence at the time of the adoption of this ordinance, which do not meet the landscape requirements provided herein, will be considered as being legal nonconforming. These nonconforming uses/structures will be subject to Article 4, Nonconforming Lots, Structures and Uses of this ordinance unless otherwise provided for in this Section.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.13 Modification of Landscape Requirements.
The City Manager or a designee may approve minor variations in the location of required landscape materials due to unusual topographic constraints, siting requirements, preservation of existing stands of native trees or similar conditions, or to maintain consistency of established front yard setbacks. These minor changes may vary the location of required landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials. The landscape plan shall be submitted to the administrative official or a designee and shall specify the modifications requested and present a justification for such modifications.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.14 Relief From Landscaping Requirements.
A property owner may apply for relief from landscaping requirements in situations where individual circumstances, such as the presence of existing facilities or unusual topography, limit the applicant’s ability to comply with the landscaping requirements of this ordinance. The following procedures shall apply:
A.
The applicant shall provide the City Council with an alternative landscape plan for review together with a written explanation of the circumstances which limit the applicant’s ability to comply with the landscaping requirements of this ordinance. Said landscape plan will illustrate a plan to landscape area as available, provide for irrigation, and provide a phasing schedule for completing the plan.
B.
If the City Council grants the requested relief, the applicant shall install the landscaping shown on the landscape plan approved by the City Council.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.15 Tree Preservation State Requirements.
8.15.1
PURPOSE.
The purpose of this Section is the preservation of mature trees and natural areas. This Section is intended to protect trees during construction, development, and redevelopment, and to control the removal of protected trees. It also establishes rules for replacement and replanting of trees which must be removed during construction. This Section shall protect any property from indiscriminate clearing and shall help maintain and enhance a positive image of the City as well as attract new business enterprises. The terms and provisions of this Section shall apply to the following real property:
8.15.2 Buildable area. Building pad. Critical root zone. Construction drawings. Drip line. Limits of construction. Protection fencing. Tree. Tree, protected.
DEFINITIONS.
That portion of a building site exclusive of the required yard areas on which a structure or building improvements may be erected and including the actual structure, driveway, parking lot, pool, and other construction as shown on a site plan.
The actual foundation area of a building and a reasonable area around the foundation necessary for construction and grade transitions.
The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line.
Engineering or architectural drawings, which have been prepared by an authorized individual and approved by the Administrative Official, that describe in detail by measurements and specifications the method and manner in which a structure, building, utility, street, or physical alteration to land a structure or building is to be accomplished.
A vertical line run through the outermost portion of the crown of a tree and extending down to the ground.
A delineation on a graphic exhibit which shows the boundary of the area within which all construction activity will occur.
Snow fencing, chain-link fence, barbed wire fence, orange vinyl construction fencing and other similar fencing with a four-foot (4') approximate height. Typical tree protection fencing details are shown below.
Any self-supporting woody perennial plant which will attain a trunk diameter of three (3") inches or more when measured at a point twelve (12") inches above ground level and normally attains an overall height of at least twenty feet (20') at maturity, usually with one (1) main trunk and many branches. It may appear to have several stems or trunks as in several varieties of oaks.
Tree species that are listed on the City's Preferred Tree List (contained in Section 8.7 of this Article, as amended) with a trunk diameter of 12 inches (12") or greater measured twelve inches (12") above ground. The diameter of a multi-trunk tree shall be determined by adding the total diameter of the largest trunk to 1/2 the diameter of each additional trunk.
Trees that are not listed on the City's Preferred Tree List are not protected.
8.15.3
TREE REMOVAL PERMIT.
A.
General.
No person, directly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging any protected tree that is located on a property regulated by this Section without first obtaining a tree-removal permit unless otherwise specified in this Section.
B.
New Development.
Unless otherwise specified in Chapter 245 of the Local Government Code, all developments which have not submitted final plats as of the effective date of this Section shall be subject to the requirements for tree protection and replacement specified herein.
C.
Residential Subdivisions.
All areas within public rights-of-way, utility easements, or drainage easements as shown on an approved final plat shall be exempt from the tree protection and replacement requirements specified herein. All other areas shall be subject to the requirements of this Section and the applicant for a tree removal permit shall indicate how protected trees may be saved.
D.
Nonresidential Developments.
All areas within public rights-of-way, public utility or drainage easements as shown on an approved final plat, and the fire lanes, parking areas, and areas within twelve feet (12') of a building foundation as shown on an approved site plan shall be exempt from the tree protection and replacement requirements specified herein. All other areas shall be subject to these requirements.
E.
Private Property.
1.
Agricultural.
Property zoned “A”, agricultural, and being actively used for agricultural purposes shall be exempt from the requirements specified herein.
F.
Homeowners.
The owner of a residence who uses the residence as his/her homestead shall be exempt from the tree protection and replacement requirements of this Section as they pertain to his/her residential property.
G.
Building/Contractors.
All builders who have not submitted a request for a building permit as of the effective date of this Article are subject to the requirements herein. All areas within the driveway, sidewalks, patios, septic tank and lateral lines, parking area, pool, and associated deck area within twelve feet (12') of the building foundation as shown on an approved plot plan shall be exempt from the tree protection and replacement requirements of this Section. All other areas of the lot shall be subject to these requirements.
8.15.4
EXEMPTIONS.
Any franchise utility is exempt from these regulations.
8.15.5
PERMIT REVIEW AND APPROVAL PROCESS.
A.
Authority of Review and Approval.
The Administrative Official shall be responsible for the review and approval of all requests for tree removal permits and replacements thereof. If the Administrative Official deems it necessary, he/she may require a permit request to be reviewed by the City Council.
B.
Application Process.
Permits for removal or replacement of trees covered herein shall be obtained by making application on a form provided by the City, to the Administrative Official. The application shall be accompanied by a site plan, a preliminary plat or other graphic representation showing the exact location, size (trunk diameter and height), and common name of all protected trees and an indication of which trees are to be removed or replaced.
C.
Fees.
The application shall be accompanied by the appropriate fee, according to the fee schedule of the City of Joshua.
8.15.6
REQUIRED APPLICATION.
The application shall be accompanied by a written document indicating the reasons for removal or replacement of trees and a copy of a legible site plan, preliminary plat, or other graphic representation drawn to the largest practical scale showing the following:
A.
Location of existing or proposed structures, improvements, and site uses, properly dimensioned and referenced to property lines, setback and yard requirements.
B.
Existing and proposed site elevations, grades and major contours.
C.
Location of existing or proposed utility easements.
D.
Location of all protected trees on the site, to be removed or replaced as well as all trees to be protected.
E.
The document shall include street address, lot and block, subdivision name, and date of preparation. The site plan shall state the name, address, and telephone number of the owner and person preparing the document if different from the applicant.
8.15.7
APPLICATION REVIEW.
Upon receipt of the proper application, the Administrative Official shall review the application, or if it is deemed necessary, forward the application to the City Council. Following a review and inspection, the permit will be approved, disapproved, or may be approved with conditions by the Administrative Official or the City Council.
8.15.8
PERMIT EXPIRATIONS.
Permits shall be valid for ninety (90) days after the issue date on the permit. Permits which are issued in conjunction with a building permit or a site plan approval, shall be valid for the same time frame as such permits are valid.
8.15.9
APPEAL OF ADMINISTRATIVE OFFICIAL DECISION.
Decisions of the Administrative Official may be appealed to the City Council.
8.15.10
TREE REPLACEMENT REQUIREMENTS.
If it is necessary to remove protected tree(s) outside the buildable area, the developer, as a condition to issuance of a tree removal permit, shall be required to replace, somewhere on the property, the tree(s) being removed with comparable trees. A sufficient number of trees shall be planted to equal, in caliper, the diameter of the trees removed. The replacement trees shall be at least (3") three inches in caliper when planted.
8.15.11
TREE PROTECTION.
A.
Tree Protection.
During any construction or land development, the developer shall clearly mark those trees to be protected and may be required by the Administrative Official to erect “Protective Fencing - In those situations where a protected tree is so close to the construction area that construction equipment might infringe on the root system or is within 20 feet of the construction area, a protective fencing shall be required between the outer limits of the critical root zone of the tree and the construction activity area. Four feet high protective fencing shall be supported at a maximum of ten feet intervals by approved methods. All protective fencing shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. Bark Protection - In situations where a protected tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree with 2" x 4" lumber encircled with wire or other means that do not damage the tree. The intent here is to protect the bark of the tree against incidental contact by construction equipment.” protective barriers to ensure protection of said trees. The protective barriers must be maintained during all construction until the project is finished.
B.
Material and Equipment Storage.
The developer shall not store any material or equipment within the critical root zone of a protected tree. During the construction stage of the development, no cleaning or storage of equipment or material shall be allowed within the drip line of a protected tree or under the canopy of the tree. Materials include but are not limited to oils, paint, solvents, mortar, asphalt, and concrete.
C.
Signs.
No signs, wires, or other attachments except protective barriers shall be attached to the protected trees.
D.
Traffic.
No vehicular traffic, construction equipment traffic, or parking shall take place within the critical root zone of a protected tree other than on an existing street pavement. This restriction does not apply to single incident access for purposes of clearing underbrush, establishing the building pad and associated lot grading, or vehicular traffic necessary for routine utility maintenance, emergency restoration of utility service or routine moving operations.
E.
Grade.
No grade change in excess of four (4") inches shall be allowed within the limits of the critical root zone of any protected tree unless adequate construction methods are approved by the Administrative Official beforehand.
F.
Paving.
No impervious paving with asphalt or concrete shall be placed within the critical root zone of a protected tree.
8.15.12
TREE PLANTING RESTRICTIONS.
A.
Overhead Lines.
No required replacement tree shall be planted within an area where the mature canopy of the tree will interfere with overhead utility lines.
B.
Underground Lines.
No required replacement tree shall be planted within an area where the mature root zone of the tree will interfere with underground public utility lines. No tree shall be planted within ten (10') feet of a fire hydrant.
8.15.13
ENFORCEMENT.
A.
Developers Agreement.
No developer agreement shall be approved unless the agreement states that all construction activities shall meet the requirements of this Section.
B.
Building Permit.
No building permit shall be issued unless the applicant signs a permit application which states that all construction activities shall meet the requirements of this Section.
(Ordinance 782-2020 adopted 6/18/20; Ordinance 856-2023 adopted 2/16/2023)
§ 8.16 Fences and Screening Generally.
A.
When a boundary of a nonresidential Zoning District sides or backs upon an R-1L, R-1, R-2, R-3, R-4, or MH District, a solid screening wall or fence in compliance with Article 3.05 Fences in the Joshua Code of Ordinances. The purpose of the screening wall or fence is to provide a visual barrier between the properties.
B.
Where a multifamily use abuts an A, R-1L, R-1, or R-2, zoning district, the side and rear property lines of said multifamily district shall be suitably screened to a height of not less than six (6) feet, nor more than eight (8) feet, from any adjacent dissimilar residential dwelling or lot.
C.
The owner of the property where the less restrictive use is located shall be responsible for and shall build the required wall or fence on the property line dividing his/her property from the more restrictive zoning district.
D.
The entire area occupied by a junkyard or salvage yard shall be surrounded by a continuous screening wall, not less than eight (8) feet in height.
E.
Dumpsters and trash receptacles located on nonresidential zoned property and on sites used for nonresidential purposes shall be located on a concrete pad constructed for that purpose. Such dumpsters and trash receptacles shall be screened on three sides by a masonry wall and shall contain a solid self-latching gate. The masonry wall shall be of similar construction to the principle building. Non-decorative concrete block shall not be permitted. A screening device shall be erected alongside and rear property lines adjacent to residential districts. The screening device shall be a minimum height of eight (8) feet, unless otherwise approved by City Council.
F.
All required screening elements shall be permanently maintained by the nonresidential property owner.
G.
No screening element of solid construction such as brick, masonry, concrete or solid metal, shall be erected or placed in a location which would interfere with the installation or maintenance of any public utility line, service, or drainage-way within easements reserved therefore. Perimeter screening walls of residential developments are included within this regulation. Perimeter screening walls shall be installed within a two and a half (2.5) foot screening wall easement.
(Ordinance 782-2020 adopted 6/18/20)
§ 8.17 Screening Wall Construction.
Unless otherwise provided for herein, a screening wall required under the provisions of this Section shall be constructed of a permanent, solid masonry material.
A.
All wall or fence openings shall be equipped with gates compatible with the height and screening characteristics of the wall or fence.
B.
In cases where City Council finds this requirement can be better met by a screen of living, irrigated plant materials, a landscape plan may be submitted in lieu of a screening wall. Such landscape screening must be no less than four (4) feet deep and must demonstrate screening characteristics equal to that of a masonry-screening wall.
C.
In cases where the City Council finds the requirements of this subsection can be better met by a decorative fence or a combination of decorative fence and masonry screening wall and/or living plant materials, plans for the same may be submitted to the City for approval along with a landscape plan.
D.
All required screening walls shall be equally finished on both sides of the wall.
(Ordinance 782-2020 adopted 6/18/20)