(a)

General provisions. It is the intent of this section:

(1)

To recognize the particular characteristics, qualities and beauty of the natural environment of Leon Valley;

(2)

To establish specific standards for the installation and maintenance of trees, shrubs, landscaping and buffering elements and other means of site improvement on developed property; and

(3)

To enhance the community's ecological, environmental, and aesthetic qualities for the preservation of these unique features.

(4)

To promote xeriscape concepts and practices in order to conserve valuable water resources.

(b)

Findings. The city council finds that the peculiar characteristics, qualities and natural beauty of the city justify the following regulations to perpetuate the aesthetic appeal of Leon Valley on a city-wide basis.

(c)

Objectives. The objectives of the landscape chapter [this division] include:

(1)

Improvement in the appearance of certain setback and yard areas in the city, including off-street vehicular parking and open-lot sales and service areas;

(2)

Protection and preservation of the appearance, character and value of the surrounding properties and neighborhoods, thereby promoting the general welfare by providing for the installation and maintenance of landscaping for screening and aesthetic purposes;

(3)

Reduction of the negative effects of increases in air temperature, glare, noise, erosion and sedimentation caused by expanses of impervious, nonvegetated surfaces within the urban environment;

(4)

Provision of visual buffering between land uses of different character;

(5)

Preservation and improvement of the natural and urban environment by recognizing that the use of landscaping elements can contribute to the process of air purification, oxygen regeneration, groundwater recharge, abatement of noise, glare and heat, and enhance the aesthetic qualities of the city;

(6)

Preservation of existing native and naturalized plants and incorporate them into landscape design; and

(7)

Promotion of water conservation through use of landscape design, soil preparation, species selection and management, appropriate to local climate.

(d)

Minimum standard and applicability.

(1)

Regulations shall be a minimum standard, and shall apply to the entire incorporated area of Leon Valley, Texas. A minimum percentage of the total area of the lot upon which development, construction or reconstruction occurs for any use after the effective date of this article shall be devoted to landscaping in accordance with the provisions contained herein.

(2)

This section shall apply to any new development or to the expansion of existing development within the city, unless specifically exempted. Split ownership, planning or construction in phases, or multiple building permits for a project shall not prevent it from complying with these requirements.

(3)

Projects, which are expansions of existing development, shall provide landscaping based upon the ratio of the area of the expansion to the area of the existing development. Projects for which building permits total 50 percent or more of the appraised value of the existing improvements shall comply with all landscaping requirements.

(4)

This section shall become applicable to a lot with existing improvements when an application is made for a building permit for construction work that:

(A)

Increases the combined floor areas of all buildings on a lot by more than 25 percent or 5,000 square feet, whichever is less; or

(B)

Increases the impermeable coverage on a lot by more than 2,000 square feet.

(5)

When this section becomes applicable to a lot, its requirements are binding on all current and subsequent owners of the lot.

(e)

Conformance. No building and/or occupancy permits shall be issued unless and until such issuance conforms to the requirements set forth in the landscaping requirements (this section).

(f)

Landscaping requirements.

(1)

A buffering landscaped area shall be provided along all dedicated streets and highways. This area shall be a minimum of six feet from the property line to any vehicular paving and/or building line.

(2)

Areas of a lot, land parcel or building site devoted to and consisting of plant material, including but not limited to turf grasses, grasses-bunch, trees, shrub forms, flowers, vines and other ground cover, native plant materials, planters, brick pavers, stone, natural forms, water forms, public art forms, stone aggregate and other landscape features, but excluding smooth concrete, asphalt or paving for vehicular traffic; provided that the use of brick, stone aggregate or other inorganic materials shall not be greater in total area than that of organic plant material, and further provided that turf/grass shall not qualify to meet the landscaping requirements where they exceed 40 percent of the total landscape area.

(3)

Landscaping shall consist of any of the following, or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees, or palms; and nonliving durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences - but excluding paving. Consideration shall be given toward choosing drought tolerant plant cover.

(4)

An overall percentage of a residential lot (see appendix B,) in a residential zoning district, and an overall percentage of the street yard area, within the property line of all other zoning districts, shall be landscaped according to the use of the property and not necessarily the zoning of the property, as follows:

(A)

R-1 single-family, R-2 two-family, R-3 multiple-family, R-3A multiple-family retirement, R-4 townhouse, R-6 garden house and R-7 single-family medium density projects - 35 percent. R-5 manufactured home - 25 percent. In the R-1 and R-6 districts, a minimum of two trees shall be planted and maintained in living condition at all times. In the R-2 district, a minimum of four trees per lot shall be planted and maintained. In the R-3, R-3A, R-4 and R-5 districts, a minimum of two trees for every 8400 square feet shall be planted and maintained. Such trees shall be of a species or type as prescribed by appendix A, Approved Tree Planting List, and shall be maintained as per the American Standard for Nursery Stock ANSI Z60.1-2004.

(B)

Building(s) for which 60 percent or more of the available interior space is used or proposed to be used for office - 20 percent of the street yard area. See section 14.02.501(j) [chapter 13 of the Code of Ordinances] for tree preservation and planting requirements.

(C)

All other retail and commercial uses, including all uses allowed in the B-1, B-2, or B-3 zoning districts in the city - 20 percent of the street yard area. See section 14.02.501(j) [chapter 13 of the Code of Ordinances] for tree preservation and planting requirements.

(D)

Light industrial, I-1 - 12 percent of the street yard area. See section 14.02.501(j) [chapter 13 of the Code of Ordinances] for tree preservation and planting requirements.

(E)

The landscaping requirements of this article shall apply to governmental, educational, institutional uses and churches. Where such uses are located in any residential district, not less than 35 percent of the total area of the lot upon which such use occurs shall be devoted to landscaping. Where a governmental, educational, institutional use or church, is located in any nonresidential district, the landscaping requirements of such district shall apply. See section 14.02.501(j) [chapter 13 of the Code of Ordinances] for tree planting requirements.

(F)

If a project consists of more than one building (use) type the percentage of landscaped area should be that derived by prorating the linear street frontage used by each particular building type.

(5)

In all street yard areas there shall be a minimum number of trees, depending on the size of the total street yard area. This minimum number of trees should be:

(A)

One tree for each 1,500 square feet of the first 9,000 square feet of street yard area.

(B)

One tree for each 3,000 square feet of the portion of street yard area between 9,000 square feet and 90,000 square feet.

(C)

One tree for each 6,000 square feet of the portion of street yard area over 90,000 feet.

(6)

To encourage the preservation of existing large trees and planting of large new trees, a credit can be used toward either the total number of trees required by subsection (5) above or toward the amount of landscaped area required by subsection (4) above.

(A)

Each tree over three inches in diameter can count as two trees or the required landscaped area may be reduced by 50 square feet. Each tree over eight inches in diameter may count as three trees or the required landscaped area may be reduced by 100 square feet. Each tree over 12 inches in diameter may count as four trees or the required landscaped area may be reduced by 150 square feet. Tree diameter shall be measured at a main trunk height of 12 inches or more above ground level.

(B)

This credit is given only for trees of a variety listed in appendix A or as recognized by Bexar County extension service as native or drought tolerant, excluding oak trees, except that the building official may in special circumstances, allow the credit on tree varieties other than those named.

(7)

Vehicular use areas, parking areas, parking lots, and the vehicles associated with them shall have effective buffering from the street view. The following requirements are set forth as minimum standards for vehicular use areas, parking areas, and parking lots and are intended to be applied in conjunction with the landscaping requirements for street yard areas. For example, the landscaping of a parking area may be applied to meet the minimum requirements for landscaping in the street yard area, and vice versa. However, the landscaping requirements for vehicular use areas, parking areas and parking lots applies regardless of whether or not they are located in a street yard area.

(A)

A minimum amount of the total area in islands, peninsulas and medians in parking areas in the street yard area of a vehicular use area, parking area or parking lot shall be 90 square feet for each 12 parking spaces.

(B)

The minimum total area in such islands, peninsulas, and medians in the remainder of the lot (i.e. the non-street yard area) shall be 60 square feet for each 12 parking spaces therein.

(C)

The number, size, and shape of islands, peninsulas and medians in both street yards and non-street yards shall be at the discretion of the owner. However, no parking space shall be located further than 50 feet from a permeable landscaped island, peninsula, or median and a tree. All islands, peninsulas and medians required in the areas stated above, shall be more or less evenly distributed throughout such parking areas. Distribution should also accommodate existing trees and other natural features so long as the total area requirement is satisfied.

(D)

All areas used for the display or parking of any and all types of vehicles shall conform to minimum landscape requirements hereinafter provided. This includes parking lots, parking areas designed and used for parking of automobiles, trailers and other vehicles intended to be sold. Included are parking areas used or intended to be used for boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not. All land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses," including, but not limited to, activities of a drive-in nature such as, but not limited to, gasoline service stations, grocery stores, convenience stores, banks, office buildings, restaurants, etc., shall conform to the minimum landscaping requirements hereinafter provided.

(E)

All street yard areas shall conform to the minimum landscaping requirements.

(8)

All required landscaping shall be irrigated by one of the following methods:

(A)

An underground sprinkling system permitted by the city;

(B)

A hose attachment within 100 feet of all landscaping, provided however, a hose attachment within 200 feet of all landscaping in non-street yards shall be sufficient; or

(C)

Directing drainage from paved areas across landscaped areas, provided that the same is accomplished in a manner not likely to result in erosion and subject to review by the city engineer.

(9)

All landscaping which is in required landscaped areas and which is adjacent to pavement shall be protected with concrete curbs or equivalent barriers (such as concrete car bumpers, curbing, continuous border plants or hedgerows) when necessary to protect trees.

(10)

When an accessway intersects a public right-of-way, or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three feet and six feet, provided however, trees or palms having limbs and foliage extending into the cross-visibility area shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any accessway pavement. The triangular areas referred to above are:

(A)

The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides; and

(B)

The area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being 30 feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.

(11)

Landowners are encouraged to landscape the areas within the nonpaved right-of-way abutting their land, provided the following items are adhered to:

(A)

The city may at any time require such landscaping to be removed and the city shall not be responsible or liable in the event any landscaping in the right-of-way must be removed or is requested to be removed by the city.

(B)

Such landscaping in the right-of-way shall observe all provisions found elsewhere in this Code pertaining to traffic and pedestrian safety; and

(C)

If any other governmental jurisdiction is trustee of the public right-of-way at the particular location in question, permission from that governmental jurisdiction must be granted.

(g)

Alternative compliance. Notwithstanding all of the foregoing provisions of this section, a landscape plan which is alternative to strict compliance with the various landscaping requirements of this section may be approved by the zoning administrator if so recommended by the building official. The recommendation shall be based on his findings that such plan is as good or better than a plan in strict compliance with the various landscaping requirements of this section 15.02.501 [and chapter 13 of the Code of Ordinances] and meets the provisions of the alternate landscaping and tree preservation sections of this article [and chapter 13 of the Code of Ordinances].

(h)

Installation and general maintenance.

(1)

Landscaping shall be installed according to accepted and proper planting procedures. Irrigation systems shall be installed upon receipt of permit and in accordance with all plumbing code requirements.

(2)

Required landscaping must be maintained in compliance with the American Nursery and Landscape Association, "American Standard for Nursery Stock" and ANSI Z60.1-2004 and ANSI A300 "Tree Care Standards" guidelines at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all plantings as necessary. Any plant that dies shall be replaced with another living plant. A minimum of 90 days shall be allowed to replace a tree, shrub or plant; however, the time period may be extended due to climatic conditions, upon request. Replacement plants must be the same size and species as shown on the approved landscape plan or must be equivalent in terms of quality and size.

(3)

Any damage to utility lines resulting from the negligence of the property owner, or his agents, in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner.

(i)

Plan review procedures.

(1)

Landscaping plan required. When an application is made for a building permit, including a certificate of occupancy, on any land, lot or parcel where the landscaping requirements of this article are applicable, such building permit application shall be accompanied by a landscaping site plan containing the information requested below:

(A)

A landscaping plan demonstrating compliance with the provisions of this section shall be submitted to the zoning administrator, or his designate, for approval.

(B)

Such plan shall be prepared and submitted in a manner as prescribed by the city. The plan shall clearly delineate and identify existing trees, shrubs and landscaping, and proposed landscape development to be used to satisfy the requirements of, and include the calculations performed relative to the required landscaping schedule.

(C)

The use of drought-tolerant plant materials is recommended to satisfy the requirements of this section. Appendix A, contained within this article, should be considered as a reference list of plant material suitable for the climate of this area. This list is not exhaustive, and any plant material not listed therein may be used so long as it satisfies the requirements of this section.

(2)

Plan contents.

(A)

Two blue or black line copies of the landscape plan are required. The plan must be drawn at a scale of one inch equals 20 feet or larger and be on a standard drawing sheet of a size not to exceed 24 × 36 inches. A plan which cannot be drawn in its entirety on a 24-inch × 36-inch sheet must be drawn with appropriate match lines on two or more sheets.

(B)

The landscaping plan shall include the following information:

(i)

The date, scale, north arrow, project name, legal description, street address, name, telephone number of owner of the lot or lots shown on the landscaping site plan, and the name and telephone number of the person preparing the plan;

(ii)

The location of existing (or proposed if applicable) lot boundary lines and dimensions of the tract, zoning classification of the lot and all adjacent properties;

(iii)

The approximate centerline of existing watercourses, the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys; existing and proposed utility easements on or adjacent to the lot; and existing and proposed sidewalks adjacent to the street;

(iv)

The location, size, and type (tree, shrub, ground cover, or grass) of proposed landscaping in proposed landscaped areas; and the location and size of proposed landscaped areas. Description of plant materials shown on the plan (including both common and botanical names), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location, type, and caliper of existing trees for which tree credits are claimed must also be indicated;

(v)

The location and species of all existing trees (whether or not they are to remain or are proposed to be moved), having trunks four inches or larger in diameter, and the approximate size of their crowns;

(vi)

Location, dimensions and size (in square feet) of all existing and proposed parking spaces, driveways, and other vehicle use areas;

(vii)

Designation/description of areas of nonliving ground cover which are not intended as mulches;

(viii)

Description of how existing, healthy trees proposed to be retained will be protected from damage during construction;

(ix)

Description of proposed irrigation methods, as required by subsection 15.02.501(h), to include the location of sprinklers and water outlets;

(x)

The certification of a landscape architect, registered to practice in the State of Texas, that the plans satisfy applicable subsections of the landscaping section, the building code, and meet or exceed appropriate standards for landscape architectural design and construction. In some cases, the requirement for landscape architectural certification can be waived by the zoning administrator;

(xi)

Information necessary for verifying whether the required minimum percent of landscaped area has been met as required by this article's landscaping requirements; and

(xii)

Such other information that may be required by the city that is reasonable and necessary to determine that the plan meets the requirements of this section.

(3)

Approval and inspection.

(A)

Upon submission, each landscape plan shall be reviewed by the zoning administrator, or his designate, to determine whether or not it complies with the requirements of this section. The plan must be approved prior to issuance of any building permit.

(B)

The city may deny without further processing, any landscape plan which does not contain the required information. The applicant may be allowed to amend the plan and resubmit in order to complete processing.

(C)

It shall be the duty of the zoning administrator, or his designate, to review landscape plans, in the format as stated above, before the issuance of any building permit. Furthermore, staff shall be required to perform on-site inspections prior to the issuance of any occupancy permits. Temporary occupancy permits may be issued prior to compliance with this division, but said temporary permits are not to exceed 90 days, unless under section (D), below. No permanent occupancy permits shall be issued unless and until the requirements of this Code shall have been met.

(D)

The zoning administrator may, upon approval of a landscape plan, issue consecutive temporary occupancy permits for periods not to exceed 90 days, if under article 14.11, division 3, of the Leon Valley Code, any stage of the drought management plan has been declared. Such permits shall not continue, however, past 90 days from the time stage I of that plan is rescinded, unless during that 90 days a drought stage is again declared.

(4)

Compliance. Failure to comply with this section shall prevent the issuance of any building permits and/or permanent occupancy permits.

(5)

Exceptions. The requirements of this division shall not apply to the following:

(A)

Areas used for parking or other vehicular uses under, on, or within buildings;

(B)

Parking areas serving single- and two-family residential uses;

(C)

Building and/or occupancy permits for remodeling, as long as front and side exterior walls of the building remain in the same location, to include lease space finish-outs;

(D)

Building and/or occupancy permits for the substantial restoration, within a period of 12 months, of a building which has been damaged by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind; or

(E)

Where a valid building permit is issued prior to the effective date of this division, the landscaping requirements in effect at the time of issuance, including all requirements of an applicable specific use permit, shall apply to such permit.

(6)

Fees. Fees may be set for certain landscape site plan review(s) and inspection(s) prior to the city's review of a landscape site plan.

(Ordinance 07-034, sec. 3, adopted 8-8-07; Ordinance 07-040 adopted 9-4-07; Ordinance 07-054, sec. 4, adopted 11-5-07; Ordinance 08-006 adopted 2-5-08; Ordinance 10-013, sec. 1, adopted 4-20-10; Ordinance 10-048, secs. 2, 3, adopted 11-16-10; 2008 Code, sec. 14.02.501; Ordinance 2014-01-13-03, sec. 1, adopted 1-13-14)