(a)

This article shall not apply to any development that has received final plat approval prior to the effective date of the ordinance codified in this article.

(b)

A permit shall not be required for a builder to satisfy final grading standards of the building code of the city.

(Ordinance 06-09, § 2, 3-23-06)

To encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses, regulations are prescribed in this division for the location and type of various screening devices to be used when required in the various zoning districts or in this article in accordance with the standards set forth in this division.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Where the side, rear or service side of a multifamily, or nonresidential use is adjacent to a single-family, two-family residential district, screening not less than six feet in height shall be erected separating the use from the adjacent residential district; such screening shall be in accordance with screening alternate A or E, given in section 122-1133. No screening is required adjacent to a street.

(b)

Where the side, rear or service side of a nonresidential use is adjacent to a multifamily district, screening not less than six feet in height shall be erected separating the use from the adjacent residential district; such screening shall be in accordance with alternate A or E as set forth in section 122-1133. No screening is required adjacent to a street.

(c)

For all uses other than single-family, two-family dwellings, refuse storage areas shall be visually screened by a six-foot-high solid masonry fence or wall on all sides except the side used for garbage pickup service, which shall have a solid wood or metal gate.

(Ordinance 06-09, § 2, 3-23-06)

Under various zoning districts and circumstances, screening is required. The following are the approved types of screening as referred to in various sections of this chapter.

(1)

Screening alternate A. Screening alternate A consists of a solid masonry or concrete wall to a minimum height of six feet, measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required.

(2)

Screening alternate B. Screening alternate B consists of a hedgerow of evergreen shrubs of a variety that will normally grow to a height of six feet. All plants shall have a minimum height at the time of planting of one-half of the required screening height.

(3)

Screening alternate C. Screening alternate C consists of a concrete or masonry wall, as specified in alternate A, to a minimum height of six feet, measured from the average grade of the nearest property line of the property adjacent to that on which screening is required, and evergreen trees. Such trees shall be a minimum of two inches trunk diameter and shall be planted not more than 30 feet on center.

(4)

Screening alternate D. Screening alternate D consists of landscaped earthen berms to a minimum height of six feet. Side slopes of berms shall have a minimum of two feet of horizontal distance for each one foot of height. Berms shall contain necessary drainage provisions as required by the city engineer. Landscaping shall be as required in this chapter.

(5)

Screening alternate E. Screening alternate E consists of a solid wood board on board fence to a minimum height of six feet, measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required. The wood fence must meet the following requirements or their equivalent:

a.

Pickets to be #1 full cut grade cedar;

b.

2" × 4" rails; and

c.

Steel posts of .095 gauge and of 2⅜" diameter.

(6)

Screening alternate F. Screening alternate F consists of a chain link fence with redwood slats to a minimum height of six feet, measured from the average grade of the nearest property line of the property adjacent to that on which the screening is required.

(Ordinance 06-09, § 2, 3-23-06)

All required screening materials shall be maintained in a neat and orderly manner at all times. This shall include but not be limited to pruning, fertilizing, watering, mowing, weeding and other such activities common to the maintenance of landscaping. Appropriate facilities for watering any plant material shall be installed at time of planting. Screening areas shall be kept free of trash, litter, weeds and other such materials or plants not a part of the screening or landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. All plant material that dies shall be replaced with plant material of similar variety and size.

(Ordinance 06-09, § 2, 3-23-06)

The commission may recommend and the city council may require screening, fencing and landscaping requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district, when the nature and character of surrounding or adjacent property dictate a need to require such devices in order to protect such property and to further provide protection for the general health, welfare and morals of the city in general.

(Ordinance 06-09, § 2, 3-23-06)

It is the purpose of this division to establish certain regulations pertaining to landscaping within the city. These regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare and improve the physical appearance of the city.

(Ordinance 06-09, § 2, 3-23-06)

The standards and criteria contained within this division are deemed to be minimum and shall apply to all new construction occurring within the city, except that single-family detached dwellings shall be exempt since such uses rarely fail to comply with the requirements set forth in this division.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The provisions of this division shall be administered and enforced by the zoning administrator or his designee.

(b)

If at any time after the issuance of a certificate of occupancy the approved landscaping is found to be in nonconformance to the standards and criteria of this article, the zoning administrator shall issue a notice to the owner, citing the violation and describing what action is required to comply with this article. The owner, tenant or agent shall have 30 days from date of such notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this article.

(Ordinance 06-09, § 2, 3-23-06)

(a)

No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the zoning administrator. If the proposed development requires an approved subdivision plat, site plan or master development plan, no such final approval shall be granted unless a landscape plan is submitted and approved.

(b)

Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required in by this division.

(c)

In any case in which an occupancy certificate is sought at a season of the year in which the zoning administrator determines that it would be impractical to plant trees, shrubs or grass or to lay turf, an occupancy permit may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed, provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six months of the date of the application and shall give the city the right to draw upon the letter of credit or escrow deposit to complete the landscaping if the applicant fails to do so.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Prior to the issuance of a building, paving, grading or construction permit for any use other than single-family dwellings, a landscape plan shall be submitted to the zoning administrator. The zoning administrator or a designee shall review such plans and shall approve them if the plans are in accordance with the criteria of this division. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

(b)

Landscaping plans shall be prepared by a landscape architect, landscape contractor or landscape designer, knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information:

(1)

Minimum scale of one inch equals 50 feet.

(2)

Location of all trees to be preserved.

(3)

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

(4)

Species of all plant material to be used.

(5)

Size of all plant material to be used.

(6)

Spacing of plant material where appropriate.

(7)

Layout and description of irrigations, sprinkler or water systems, including placement of water sources.

(8)

Description of maintenance provisions for the landscape plan.

(9)

Person responsible for the preparation of the landscape plan.

(Ordinance 06-09, § 2, 3-23-06)

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials that die shall be replaced with plant material of similar variety and size.

(Ordinance 06-09, § 2, 3-23-06)

The following criteria and standards shall apply to landscape materials and installation:

(1)

Quality. Plant material used in conformance with the provisions of this article shall conform to the standards of the American Standard for Nursery Stock, or their equal. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(2)

Trees. Trees referred to in this article shall be of a species common to this area of Texas and shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown than 15 feet may be substituted by grouping the trees so as to create the equivalent of a 15-foot spread of crown. Trees shall be a minimum of seven feet in height at time of planting.

(3)

Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen that will be three feet high within one year after time of planting.

(4)

Vines. Vines shall be a minimum of two feet in height immediately after planting, and may be used in conjunction with fences, screens or walls to meet screening requirements as specified.

(5)

Ground cover. Ground cover used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting.

(6)

Lawn grass. Grass areas may be sodded, plugged, sprigged or seeded; except that solid sod shall be used in swales, berms or other areas subject to erosion.

(7)

Credit for existing trees. Any trees preserved on a site meeting the specifications of this article shall be credited toward meeting the tree requirement of any landscaping provision of this article. Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species may, at the discretion of the inspector, be credited as two trees for the minimum requirements.

(Ordinance 06-09, § 2, 3-23-06)

Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage that are under, on or within buildings are exempt from this section.

(1)

Interior landscaping. A minimum of ten percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and sidewalks. The following additional criteria shall apply to the interior of parking lots:

a.

Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stop or curbs.

b.

There shall be a minimum of one tree planted for each 400 square feet or fraction thereof of required interior landscape area.

c.

Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every 12 parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet in height. Interior planter islands shall have a minimum size of ten by 20 feet.

(2)

Perimeter landscaping. All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a wall, fence, hedge, berm or other durable landscape barrier. Any living barrier shall be established in a planting strip with a minimum width of two feet. Plants and materials used in living barriers shall be at least 30 inches high at the time of planting and shall be of a type and species that will attain a minimum height of three feet one year after planting. Any landscape barrier not containing live plants or trees shall be a minimum of three feet high at time of installation. Perimeter landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties.

a.

Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area at least 15 feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area, and the remaining area shall be landscaped with at least grass or other ground cover. Necessary access ways from the public right-of-way shall be permitted through all such landscaping. The maximum width for access ways shall be 50 feet for nonresidential two-way movements, 30 feet for residential two-way movements, 20 feet for nonresidential one-way movements, and 15 feet for residential one-way movements.

b.

Whenever an off-street parking or vehicular use area abuts an adjacent property line, a perimeter landscape area at least ten feet in width shall be maintained between the edge of the parking area and the adjacent property line. Landscaping shall be designed to visually screen the parking area. Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a wall, hedge or berm not greater than eight feet in height nor less than three feet in height.

c.

Perimeter landscape areas shall contain at least one tree for each 50 lineal feet or fraction thereof of perimeter area.

(Ordinance 06-09, § 2, 3-23-06)

In addition to the landscaping of off-street parking and vehicular use areas, all remaining open spaces on any developed lot or parcel shall conform to the following minimum requirements:

(1)

Grass, ground cover, shrubs and other landscape materials shall be used to cover all open ground within 20 feet of any building or paving or other use such as storage.

(2)

All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.

(3)

Landscaping shall be provided on each developed lot in accordance with the following standards:

a.

In all residential zoning districts, a minimum of 15 percent of the landscaping shall be located in the required front yard.

b.

In all nonresidential zoning districts, a minimum of 15 percent of the total site area shall be devoted to feature landscaping, with not less than 50 percent of the landscaping being located in the required front yard.

(4)

Trees shall be planted in non-vehicular open space to meet the following requirements. Existing trees that are preserved on a developed site may be credited to the following requirements:

(Ordinance 06-09, § 2, 3-23-06)

(a)

Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, a triangular visibility area, as described in this section, shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three and six feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are as follows:

(1)

The areas of property on both sides of the intersection of an accessway and public right-of-way shall have a triangular visibility area, with two sides of each triangle being ten feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides.

(2)

The areas of property located at a corner formed by the intersection of two or more public rights-of-way shall have a triangular visibility area with two sides of each triangle being 20 feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides.

(b)

Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any accessway pavement.

(c)

If other visibility obstructions are apparent in the proposed landscape plan, as determined by the inspector, the requirements set forth in this article may be reduced to the extent to remove the conflict.

(Ordinance 06-09, § 2, 3-23-06)