Kermit City Zoning Code
Division 7
Landscaping and Screening
§ 9.03.211 Purpose.
The landscaping and screening regulations provide additional guidance on the development of sites within the city by addressing landscaping and screening requirements. They are designed to improve the appearance of the community, buffer potentially incompatible land uses from one another, promote water and energy conservation, and conserve the value of properties within the city. The landscape and screening regulations are further intended to expedite development approval by including predictable, uniform standards for landscaping.
(Ordinance 20-07, sec., adopted 11/19/20)
§ 9.03.212 Applicability.
The provisions of this division shall apply to all new development on each lot or site upon application for a building permit. Any change in use requires compliance with the regulations in this division. The commission, city council, or board may require buffering and screening above or in addition to the requirements of this division during relevant application review when warranted based on evidence of adverse impacts on adjacent property or the public, except for the following:
(1)
Reconstruction or replacement of a lawfully existing use or structure following a casualty loss;
(2)
Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements; and
(3)
Additions or enlargements of existing uses or structures which increase floor area or impervious coverage area by less than twenty percent (20%) of the building established on the site on the effective date of this Zoning Code. Where such cumulative additions or enlargements are twenty percent (20%) or greater, these provisions shall apply only to that portion where the new development occurs.
(Ordinance 20-07, sec. 156.07.02, adopted 11/19/20)
§ 9.03.213 General requirements.
(a)
Review procedure.
The provisions contained in this division shall be applied for each individual lot or site when an application for a building permit on such lot is made. A landscape plan shall be submitted with each application for a building permit. Such plan shall be reviewed by the administrator for compliance with the provisions of this division.
(b)
Landscaping materials.
(1)
The entirety of the right-of-way space from the edge of street pavement or back of curb to the property line or sidewalk shall be landscaped in addition to five percent (5%) of the total lot area. The area used to calculate the landscaped area shall not include the area of any existing or proposed structures.
(2)
Plantings shall be used in required landscaped areas or bufferyards using native plant species or drought-tolerant plants where possible. Turf grass and ground covers may be used; however, more drought-tolerant varieties are preferred. All plant materials shall conform in size, species, and spacing with this division of this Zoning Code.
(3)
No artificial trees, shrubs, plants, or turf shall be used to fulfill the minimum requirements for landscaping. School athletic fields are exempt from this requirement. Inorganic materials, such as stone or decorative pavers, may be used provided that such material does not comprise more than fifty percent (50%) of the minimum required landscaped area. Other concrete, crushed gravel, or asphalt pavement surfaces may not be used within the minimum required landscaped area, except for driveways and walkways as allowed in division 6 of this article, Parking, Loading, and Site Access.
(4)
Required trees.
Shade trees shall be provided at one tree per fifty (50) linear feet of street frontage, or fraction thereof. Such trees shall be located where they are visible from the public street, sidewalk, or paved parking area adjacent to the public street. Trees may be placed in the public right-of-way if adequate space is available and if they do not interfere with existing or future utility services, nor interfere with the required sight triangle at all intersections. Existing trees shall be preserved to the greatest extent possible and those of three-inch caliper or greater may be counted towards satisfying the requirement.
(5)
No tree shall be planted under or within ten (10) lateral feet of any overhead utility line.
(c)
Installation standards.
(1)
Landscaping or screening installed in any landscaped area shall not obstruct the view from or to any driveway approach, street, alley, or sidewalk, and shall be consistent with the sight triangle definition.
(2)
All earth berm locations shall be reviewed by the administrator, or his/her designee to determine how the berms shall relate to drainage and public utilities.
(3)
Irrigation systems are required if non-drought-tolerant plants or grass is installed. If plantings comply with the accepted materials list or a certified letter from a landscape specialist confirms the materials proposed are drought-tolerant, irrigation is not required. Any irrigation systems shall comply with State of Texas law requirements. All sprinkler systems shall be designed to minimize water runoff and eliminate overspray onto adjacent streets, driveways, and parking areas.
(d)
Maintenance.
Upon installation of required landscape materials, each owner shall take appropriate actions to ensure their continued health and maintenance. Required landscaping that does not remain healthy shall be replaced consistent with this division and the approved landscaping plan for the project.
(Ordinance 20-07, sec. 156.07.03, adopted 11/19/20)
§ 9.03.214 Planting standards.
All submitted landscape plans shall achieve a score of at least 18 points awarded for the following items:
(1)
Points awarded for:
Installation | Points |
|---|---|
Permeable weed barrier installed | 2 |
Plant material is water-efficient/native varieties based on accepted materials list | 1 point for each 4 water-efficient/native plants planted |
If turf grass is used, drought-tolerant sod is used | 4 |
Tree quantity exceeds required quantity (per tree) | 3 |
Existing trees of 8" caliper or greater are retained | 1 point per tree |
Landscape area exceeds requirement by an additional five percent (5%) | 3 |
Landscape area is sloped to hold water (ex: use of rain garden) | 3 |
Irrigation system installed in all areas | 2 points for irrigation system; additional 2 points if the entire system is drip irrigation |
Water saving technology used in irrigation system such as rain shutoffs, smart panel technology, and evapotranspiration manager technology | 2 |
(2)
Points deducted for:
Installation | Points |
|---|---|
More than twenty percent (20%) of the required areas to be landscaped with plant material, is proposed to be turf grass | 4 |
Existing tree material larger than 8-inch caliper is removed | 5 per tree |
Fescue and/or St. Augustine grass is primary type of turf grass | 10 |
(Ordinance 20-07, sec. 156.07.04, adopted 11/19/20)
§ 9.03.215 Parking lot landscaping.
Unless otherwise noted, each unenclosed parking facility with a paved surface of 6,000 square feet or more and all drive-through lanes shall comply with the following regulations.
(1)
Each unenclosed parking facility shall provide a minimum landscaped buffer of ten (10) feet along any street property line.
(2)
Each parking facility that abuts a residential district shall provide a ten (10) foot wide landscaped buffer along its common property line with the residential district.
(3)
Any parking facility regardless of size which abuts property in a residential district shall provide a wall, landscape screen, or earth berm not less than four (4) feet in height for the length of the common boundary. A grade change, terrace, or other site feature which blocks the sight line of headlights into a residential property may satisfy this requirement, subject to the determination of the administrator.
(4)
Each unenclosed parking facility of over 6,000 square feet shall provide landscaped area equal to no less than five percent (5%) of the total paved area of the parking facility.
(A)
Landscaped areas shall be at least located at the end of parking rows.
(B)
An individual landscaped area shall not be smaller than forty (40) square feet.
(C)
Parking facilities within the I-1 and I-2 Districts shall be exempt from this requirement.
(D)
Interior landscaping shall be credited toward the satisfaction of overall landscaping requirements set forth in this division.
(5)
Landscaping or screening installed in any required landscaped area shall not obstruct the view from the off-street parking facility to any driveway approach, street, alley, or sidewalk. Landscaping shall further not obstruct any views among parking spaces and circulation ways, or visibility between vehicles and pedestrians.
 |
(Ordinance 20-07, sec. 156.07.05, adopted 11/19/20)
§ 9.03.216 Bufferyard and screening provisions.
Bufferyards are areas that include a variety of methods to screen the potential impacts of intensive uses.
(1)
Bufferyard and screening provisions.
(A)
Bufferyards are required between zoning districts which share a common lot line or are adjacent but separated by an intervening alley as indicated in subsection (2), Bufferyard Requirements, below.
(B)
Bufferyards are required for certain uses and circumstances as indicated in this Zoning Code.
(C)
Bufferyards are not required for single-family, duplex, or attached use types in any district.
(2)
Bufferyard requirements (in feet).
District A (More Intensive District)3 | AG, R-1, R-21 | R-31 |
|---|---|---|
R-3 | Applies4 | – |
C-1 | Applies | Applies4 |
C-2 | Applies2 | Applies2 |
I-1 | Applies | Applies |
I-2 | Applies | Applies |
Notes: | |
|---|---|
1. | Applies only to residential uses previously established in the zoning district. |
2. | Buffering requirement applies to adjacencies between commercial and office use types and pre-existing residential land uses in adjacent districts. Buffering requirement also applies to a commercial or office use type established in a C-2 district and adjacent to a pre-existing residential use in the C-2 District. |
3. | Buffer requirements do not apply to single-family, duplex, or attached residential uses established in AG. |
4. | Only applies to nonresidential uses established in AG. |
(3)
Bufferyard and screening treatment.
(A)
Each required bufferyard must be entirely landscaped and free of paved areas, access ways, storage, or other disturbances.
(B)
The bufferyard shall be a minimum of five (5) feet in width the entire length of the property line abutting the residential district.
(C)
A six (6) foot opaque barrier shall be provided which visually screens the conditions listed in subsection (1), Bufferyard and Screening Provisions, above or for certain uses and circumstances listed in this Zoning Code, from less intensive uses as follows:
(i)
A solid wood, PVC, and/or masonry fence or wall at least six (6) feet in height.
(ii)
A landscaping screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six (6) feet within three (3) years of planting.
(iii)
A landscaped earth berm with a maximum slope of three (3) to one (1), rising no less than six (6) feet above the existing grade of the lot line separating the zoning districts.
(iv)
Any combination of these methods that achieves a cumulative height of six (6) feet.
(D)
Screening shall not adversely affect surface water drainage.
(E)
Screening may be interrupted to provide access drives to service areas or for loading purposes to buildings. Such breaks or interruptions shall not exceed twenty percent (20%) of the length of the required screened area.
(Ordinance 20-07, sec. 156.07.06, adopted 11/19/20)
§ 9.03.217 Exceptions.
(a)
A development may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its original permit, regardless of whether an adjacent lot or site is subsequently rezoned to a less intensive district which would otherwise require compliance with bufferyard or screening provisions.
(b)
Bufferyard requirements are not required when there is an elevation difference between two adjacent properties that is six (6) feet or greater.
(c)
The city council may approve reductions in bufferyard or screening requirements for infill development sites.
(Ordinance 20-07, sec. 156.07.07, adopted 11/19/20)