This article requires approval of a site plan, in accordance with the requirements and procedures in section 5-1400, prior to commencement of any construction, remodeling, expansion or demolition in all commercial zones. Conformance with the design standards and landscaping, screening and tree preservation standards in this article is also required. Construction according to land uses permitted therein must meet the standards as contained in the City of Nassau Bay Building Code.

(Ord. No. 86-343, Art. I, 9-8-86; Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, changed the title of § 16.5-100 from "Enactment of ordinance" to "Site plan approval required."

Cross reference— Building code adopted, § 4-1; building code amendments, § 4-2.

(A)

Purpose. The purpose of this subsection is to establish reasonable design standards and related guidance to address community desire for visually appealing nonresidential development that enhances the overall quality and character of the city, while balancing the legitimate development and commercial needs of property owners. For the Urban (U) district, the standards are especially intended to promote and maintain an urban development character as described in the district purpose statement in section 15-400.

(B)

Applicability. The design standards established in this subsection apply to any new nonresidential or mixed-use building in the zoning districts specified in this subsection, and to any nonresidential or mixed-use redevelopment in these districts that follows the removal of all pre-existing buildings on the site.

(1)

The requirements of this subsection regarding building materials, canopies and awnings, colors, and visual interest and anti-monotony shall also apply to the enlarged portion of an existing non-residential, multifamily residential or mixed-use building when the enlargement exceeds one thousand (1,000) square feet or twenty-five (25) percent in area, whichever is less, of the exterior dimensions of the building.

(2)

The requirements of this subsection shall not apply to the reconstructed portion of an existing building that was partially damaged or destroyed if the reconstruction involves less than fifty (50) percent of the pre-existing area of the exterior dimensions of the building.

(3)

Unless indicated otherwise in this subsection, design standards related to architectural features, materials and articulation of a building façade shall apply to all exterior elevations of structures that are visible from ground-level view within any public street right-of-way inside or outside the zoning district.

(4)

Nothing in this subsection shall be construed to require compliance with the requirements of this subsection for finish or remodeling work to the interior of an existing building if such work does not result in an enlargement of the exterior dimensions of the building, unless such enlargement exceeds the minimum thresholds in item (B)(1), above.

(5)

The standards do not apply to multi-family development except when such multi-family use is a component of a mixed-use development in one of the specified districts.

(C)

Design Standards. The specific standards are provided in Table 16.5-200.A, Design Standards for Nonresidential and Mixed-Use Development, below.

Expand

Table 16.5-200.A DESIGN STANDARDS FOR NONRESIDENTIAL AND MIXED-USE DEVELOPMENT
Applicable District(s)	Standards	Illustrations
C, U	Building Materials The following standards are intended to ensure the use of building materials that convey an appearance of quality and durability: Permitted Principal Materials For exterior building elevations, excluding doors and windows, these include: • Brick or similar masonry materials.
	• Limestone and other natural stone.
	• Any concrete product (architectural pre-cast concrete; concrete masonry unit, CMU; etc.) that has an integrated color and is textured or patterned to look like brick, stone, marble, granite or tile.
	• Other materials where it is demonstrated that they have comparable durability, impact resistance, texture and quality as those listed above; and/or they are part of a building that is designed to achieve a green building certification such as Leadership in Energy and Environmental Design (LEED) or Energy Star.
	• Building integrated photovoltaics (BIPv).
	Permitted Accent Materials The following materials are permitted, but only as accents rather than a predominant exterior material. Accent materials shall comprise no more than 25 percent of any building façade (15 percent maximum in the U district), excluding doors and windows.
	• Exterior Insulation and Finish Systems (EIFS).
	[EIFS may be installed only above the floor level of the second story, or no less than 12 feet above the grade for one-story buildings. EIFS shall not be installed in any pedestrian contact areas.]
	• Stucco.  [Both EIFS and stucco shall incorporate detailing to look like traditional wall cornices, soffits, window trim and similar features.]
	• Tile.
	• Architectural metal, including aluminum composite panel (ACP) treatments.
	• Wood or composite wood.
	• Crushed rock or crushed tumbled glass.
	• Stainless steel.
	• Chrome.
	Prohibited Materials For exterior building elevations, excluding doors and windows, these include:
	• Pre-fabricated metal wall panels.
	• Smooth concrete or concrete block.
	• Sidings made of vinyl, wood, plywood, cedar shingle, composite, metal or fiber cement.
	• Plastic.
	• Mirrored glass in ground floor windows.
	Privacy Glass Frosted glass or other treatment is permitted for bathrooms and in other doors and windows where privacy is needed. Roofing Steel, standing seam metal and/or architectural metal may be used on a sloped roof. Service Doors Galvanized steel and painted steel are permitted only for use on doors and roll-up doors that provide access to loading areas and/or face toward alleys or vehicular access easements. Awnings and Canopies Awnings and canopies shall be made of durable, easily maintained or replaced materials, which may include canvas, fabric, steel or architectural metal, including aluminum composite panel (ACP) treatments. Parking Structures The exterior facades of parking structures shall utilize the permitted building materials and accent materials specified in this subsection for exterior building elevations. Steel, standing seam metal and/or architectural metal may be used on any sloped roof of a parking structure.
C, U	Canopies and Awnings Use of canopies and awnings on building and parking structure façades adjacent to and above public sidewalks and other public spaces is encouraged to provide shade and weather protection and to add visual interest to structures, provided the placement and design of such canopies and awnings is consistent with the building architecture, and they are maintained in sound condition at all times. Projection Canopies and awnings shall project no more than six feet from the façade of a building or parking structure. Lighting Canopies and awnings shall not be backlit or internally lit.
U	Clear Building Entries The primary building entry shall be easily identifiable for visitors. The building architecture should reinforce the visual importance of the entry, and the entry design should be pedestrian-scale and transparent.
C, U	Colors Use of overly iridescent or fluorescent colors on any building façade or roof is prohibited, as determined by the planning commission, taking into consideration the existing range and use of color in architecture, signs and other physical improvements within the district and its vicinity.
U*	Curb Cut Limits for Vehicular Access Such limits are intended to minimize vehicle-pedestrian conflict points at mid-block locations along public sidewalks, enhance the pedestrian environment within the district, and preserve the extent of curb space for on-street parking. • A maximum of one curb cut shall be permitted for every 100 feet of public street frontage.
	• All driveways shall be limited to two lanes, and in no case shall a driveway or associated curb cut exceed 30 feet in width.
	• The planning commission may increase the maximum number or decrease the minimum spacing of curb cuts per segment of street frontage, as specified in this subsection, where warranted based on site-specific or emergency access considerations.
	Pedestrian Safety Wherever an access driveway, alley, vehicular access easement or other vehicular circulation path crosses a public sidewalk or other pedestrian path, a crosswalk treatment shall be installed consisting of a material that contrasts with the adjacent pavement in both texture and color (e.g., brick pavers, patterned concrete, etc.).
	• Access points for off-street parking areas and parking structures, where vehicles cross a public sidewalk or other pedestrian path, shall be well lit to ensure visibility of pedestrians and bicyclists.
U	Framing of and Relationship to Public Spaces Individual buildings or groups of buildings on a development site or adjacent sites shall be arranged and designed, whenever possible, to form pedestrian-friendly outdoor plaza areas, courtyards and open spaces that are focal points for surrounding and nearby development and which encourage street activity, public gathering, outdoor dining, recreation, etc. Landscaping, street furniture, water features, public art, active play areas for children and/or other amenities should be incorporated to enhance the appeal of such spaces for pedestrians and users of the space. Such spaces should be adjacent to and easily accessible from a public street or waterfront area whenever possible. Private-Public Design Compatibility Where a development fronts on a public plaza, pocket park or other public space, the building architecture and other on-site elements shall be designed for compatibility with the existing or planned adjacent public space. Lighting Where a development fronts on public street rights-of-way and/or public plazas/spaces, exterior lighting shall be located and directed to provide adequate pedestrian-level illumination of public sidewalks and other immediately adjacent public ways and/or seating areas.
C	Freestanding Canopies The design of freestanding or semi-freestanding canopies, such as those used as shelters for pump islands at auto service stations, and for port-cocheres, shall be consistent with the architectural style, predominant and accent materials, color, and lighting of the principal building on the development site.
U	Grid Street Pattern Where applicable (depending on the district size and shape and the nature and extent of proposed development or redevelopment), blocks shall be arranged in an approximate grid-like fashion to ensure connectivity and alternate circulation routes within the district. Variation from the grid pattern should occur only to avoid constraints or accommodate other desirable design elements.
U	Ground-Level Uses Development projects shall locate off-street parking and/or garage parking within the interior of blocks and away from public street frontages whenever practical so that such ground-level parking does not directly abut a public sidewalk. Instead, the ground level of structures that front on public sidewalks or toward waterfront areas should be occupied by active retail, service, office, residential or other uses permitted in the district. "Wrap-around" design of active uses around parking garages is strongly encouraged. Parking Structures Where active uses along the ground-level street frontages of a parking structure are not practical, the parking structure and its vehicle entrances shall be designed to minimize views into the garage interior from adjacent streets through installation of decorative grilles or screens, additional landscaping, or other effective screening method.
U, C	Lighting of Buildings and Sites Lighting of building exteriors and parking areas shall be designed to match the architectural character of the site and its vicinity in terms of fixtures and illumination. • Parking areas shall be lighted during all darkened hours at a minimum of one foot-candle and maximum of five foot-candles at ground level. Reflection in adjacent properties shall be avoided.
U	Maximum Block Length Where applicable (depending on the district size and shape and the nature and extent of proposed development or redevelopment), the length of a block, on any side, generally shall not exceed 400 feet. (Note that this is a variation from the maximum block lengths established for subdivisions in City Code Appendix B, Subdivisions; Article IV, Subdivision Design Requirements; Section 4, Blocks and Lots.) This distance is measured between streets that frame and define a block; however, a public access way or easement shall also be considered to define a block when, in the same manner as a vehicular through street, such access way or easement creates a break between private development sites that provides continuous non-vehicular circulation between streets on either side of the development sites.
U	Off-Street Parking Limits Off-Street Parking Dispersion Off-street surface parking is permitted in the district, but concentrations of such parking shall be avoided to promote the desired Urban character and prevent disruption of non-vehicular circulation within the area. Maximum Parking Area Dimension No edge of an off-street surface parking area shall exceed 150 feet in length, and the entire parking area shall not exceed 21,780 square feet (½ acre).
U	Orientation of Residential Garages All garage doors for garages associated with individual residential units in the district shall be oriented away from, and not be visible from, any public street right-of-way inside or outside the zoning district.
U, C	Parking Structures Such structures shall be designed for architectural consistency with the primary building served or other nearby buildings in terms of facade design, articulation, finish materials and/or shielding of unfinished structural elements and mechanical equipment. Special Design Elements Parking structures shall include architectural and/or landscape elements which enhance the garage appearance and help to screen parked vehicles and interior lighting from external view (e.g., decorative screens, trellises with or without associated vegetation, façade and roofline variation, etc.).
U, C	Screening of Mechanical/Service Equipment All service and utility areas (transformers, electrical meters, etc.) positioned outside of any building shall be screened from public street rights-of-way and adjacent tracts, and shall not be visible from any nearby water bodies. In all cases, any required non-vegetative screening shall be compatible in appearance with the architectural design and building materials of the primary building served. • Rooftop Placement. All air conditioning equipment planned for exterior use shall be located on the roof of the building. Other utility equipment designed for exterior use shall be located on the roof of the building when possible.
	Rooftop Mechanical Equipment Such equipment shall be completely screened from ground-level and water-level public view through design and materials consistent with the overall building design and colors, including potential use of sloped roofs or other architectural elements (e.g., parapet walls) that conceal flat roof areas where mechanical equipment is mounted.
	• Where a green roof system is installed and maintained on a rooftop, dense vegetative screening may be used to satisfy the screening requirement for mechanical equipment.
	Ground-Level or Building-Mounted Mechanical Equipment Such exterior equipment (e.g., mechanical components, electrical drops, utility meter banks, heating/cooling controls, etc.) shall be completely screened from public view by an opaque wall or fence which is not lower than the height of the equipment, and which uses design, materials and/or painting consistent with the overall building design and colors. The required screening may also be accomplished through installation of dense, year-round vegetation as shown on the site landscaping plan. All such screening plans shall be approved by the Nassau Bay Building Inspector.
U, C*	Screening of Solid Waste Facilities All trash receptacles shall be screened from public street rights-of-way and adjacent tracts, and shall not be visible from any nearby water bodies. In all cases, screening shall be compatible in appearance with the architectural design and building materials of the primary building served. • Trash reception shall be placed within a four-sided enclosure, two feet taller than the height of the receptacle and a minimum of eight feet in height.
	• In the U district, trash receptacles shall be located behind principal buildings relative to public street frontage whenever practical, and such solid waste facilities shall also be accessible from alleys or vehicular access easements where available and practical.
	• In the U district, no other outside storage besides solid waste facilities is permitted.
U	Sidewalks Sidewalks with a minimum width of 10 feet shall be provided along each side of a site that abuts a public street or a waterfront area. Such sidewalks shall be designed and constructed according to City standards. •  Public Access Easement Where a sidewalk or portion of the sidewalk required by this subsection is situated outside the City street right-of-way, the property owner shall establish a public access easement so that such sidewalk area is continuously available for public use.
	Arcade Treatment Arcades may be constructed along building façades to provide shelter and shade, but shall be located entirely outside the public right-of-way. The arcade design shall also incorporate adequate pedestrian-level lighting under the arcade for visibility and security.
U*	Transparency of Nonresidential Uses at Street Level Building façades associated with nonresidential uses that face public street rights-of-way, public plazas/spaces or waterfront areas shall have windows at the ground level, for product display or other active building uses, which, together with door openings, comprise at least 60 percent of the ground-level façade. • Such ground-level windows and doors shall be non-mirrored, allowing views into and out of the interior of the building, to the extent practical given code requirements governing the selection of window glass. Frosted glass or other treatment is permitted doors and windows where privacy is needed.
C, U	Underground Utilities and Wires All utilities on development and redevelopment sites shall be underground, including secondary power unless otherwise approved by the planning commission.
C, U	Unified Design of Multiple Buildings Developments with multiple structures on a single property shall reflect a coordinated design and include unifying elements such as common building forms, materials, textures, architectural detailing and colors.
C, U	Visual Interest and Anti-Monotony Building Articulation Building façades that face public street rights-of-way, waterfront areas and other public areas shall be articulated to reduce the apparent mass of the structure and to add visual appeal. This may be accomplished by stepping back a portion of the facade periodically relative to the building line, along with other design variations in the façade. Roofline Articulation For flat roofs or facades with a horizontal eave, fascia or parapet, the roofline shall be varied vertically so that no unmodulated segment of roof exceeds 50 feet in horizontal dimension. This standard can also be satisfied by incorporating design elements such as functional or faux dormers, gables, towers, chimneys, etc. Avoidance of Blank Walls Any exterior building elevation that faces a public street right-of-way, public plaza/space, waterfront area, public parking area or area of residential use shall have no more than 16 feet of uninterrupted blank wall space in a horizontal or vertical direction. This standard can be satisfied by incorporating window openings, porches or balconies, articulation of the building facade, decorative cornices, material and color variations, score lines, etc.	See Figure 16.5-200, below, for graphics illustrating building articulation and other techniques for adding architectural interest.
	Landscape Treatment for Large Walls Where buildings are more than 60 feet in length or 35 feet in height, trees shall be arranged to break up the appearance of building mass so that the building is perceived to be divided into lengths of no greater than 50 feet when viewed from ground-level or water-level public vantage points.

 

Figure 16.5-200.
EXAMPLES OF BUILDING DESIGN AND ARTICULATION STANDARDS

(Ord. No. 86-343, Art. 2, 9-8-86; Ord. No. 91-398, § 3, 5-13-91; Ord. No. O2013-712, Exh. B, 8-12-13)

Editor's note— Ord. No. O2013-712, Exh. B, adopted Aug. 12, 2013, changed the title of § 16.5-200 from "Site plan, arcitectural review and approval procedures" to "Design standards for nonresidential and mixed-use developments."

(A)

Purpose. The requirements and standards set out in this article are intended to:

(1)

Protect and preserve the appearance and character of the community;

(2)

Increase the compatibility of adjacent uses;

(3)

Mitigate the effects of noise, dust, debris, artificial light intrusions and other externalities created by the use of land; and

(4)

Conserve water by promoting the planting of native and low-water, drought-resistant vegetation.

(B)

Landscaping plan. A landscaping plan shall be required for all development which requires a site plan approval. All landscaping plans shall be subject to planning commission review and approval. The landscaping plan shall include all the elements that are set out in section B-600 in Appendix B, Application Submittal, unless the administrative official finds that one or more elements do not apply to the type of development approval sought, or the conditions of the site being developed, or both. The administrative official is authorized to require additional information on the landscaping plan as needed to verify conformance with the requirements of this article.

(C)

Landscaping requirements.

(1)

Minimum size of plants at installation. Plant material that is installed to comply with the requirements of this article shall be of the following minimum sizes at installation:

(2)

Quality of new plantings.

(a)

All landscape material shall be in compliance with the standards of the American Nursery and Landscape Association.

(b)

No species of proposed landscape material shall appear on the Invasive and Noxious Weeds list for the State of Texas promulgated by the United States Department of Agriculture, nor on the Texas Noxious Weed List promulgated by the Texas Department of Agriculture.

(c)

Single trunk tree species with co-dominant trunks (multiple trunks of equal size) shall not be used.

(d)

Single trunk trees shall have one trunk to the top, and all branches shall be less than half of the diameter of the adjacent trunk.

(e)

All plant material shall have a habit of growth that is normal for the species and shall be of sound health, vigorous growth, and free from insect pests, diseases and injuries.

(f)

Sod shall be solid, and seeding of turf grasses is not allowed.

(3)

Species diversity. To avoid large monocultures of trees and shrubs, species used to meet the requirements of this article shall be diversified as follows (calculations shall be rounded up to the nearest whole number):

(a)

When more than ten (10) trees total are required on a parcel proposed for development, no more than twenty (20) percent of each category of required landscaping (large trees, small trees and shrubs) on a site shall be of any one species; and no more than forty (40) percent of each category shall be of any one genera.

(4)

Calculation of planting requirements. The planting requirements of this article are set out in terms of the minimum number of large trees, small trees and shrubs per unit of land area (e.g., "per lot," "per square foot," or "per acre").

(a)

Credits. Credit is provided for preservation of existing trees as set out in subsection 16.5-300(E), Credit for existing trees.

(b)

Substitution for large trees. Palm trees or small trees may be substituted for large trees at a three-to-one ratio (three (3) palms or small trees per large tree substituted), according to the following standards:

1.

Palm tree requirements. Unless a provision of this article specifically allows otherwise, palm trees shall be installed in clusters with varying heights between ten- and fourteen-foot clear trunk height to provide visual interest.

2.

Limitation on small trees. Small trees may be used instead of palms or large trees only if palms or large trees would conflict with existing overhead power lines or existing buildings.

3.

Limitation on palm trees. Not more than eighty (80) percent of the trees used to comply with this article may be palm trees.

(5)

Ground cover. In accordance with subsection 11-1000(j) [11-900(j)], Landscaping and planting, of this article [appendix A], all pervious areas shall be planted or covered with trees, shrubs, groundcovers (which may include sod), mulch or garden plants to prevent erosion and wind-blown dust.

(a)

Limitation on sod. In nonresidential and mixed-use development, not more than thirty (30) percent of the area covered with groundcovers may be planted with sod. Athletic fields shall not be counted in this calculation.

(b)

Mulch. Mulch may be inorganic (e.g., stone, gravel, tumbled glass or shredded rubber) or organic (e.g., pine bark, shredded hardwoods); however, materials that float shall be contained by edging or topography.

(6)

Landscape surface and common open space.

(a)

The standards of this subsection apply to required landscaped surfaces and common open spaces which are not also designated as:

1.

Private residential lots;

2.

Parking lot landscape areas;

3.

Dry basin stormwater detention facilities;

4.

Areas of open water (including wet basin stormwater detention or retention facilities);

5.

River, stream or creek channels or drainage canals; or

6.

Play fields and other active recreation areas that must be clear of trees.

(b)

Minimum planting requirements. The minimum number of plants of each type of plant material shall be planted, as indicated below, for each one thousand (1,000) square feet of required landscape surface area or common open space. In calculating the requirements for a parcel proposed for development, standard rounding shall be used to ensure a whole number of plants for each type of plant material.

1.

Large trees: 0.3 per one thousand (1,000) square feet.

2.

Small trees: 0.8 per one thousand (1,000) square feet.

3.

Shrubs: Fifteen (15) per one thousand (1,000) square feet.

(7)

Parking lot landscaping. Parking lot landscaping is required in every parking lot associated with a nonresidential or mixed-use development. Parking lot landscaping shall be installed in landscape islands and in corners of parking lots that cannot be used for parking spaces due to geometric constraints. Such corners shall be delineated by the extension of the back line of the parking spaces that define the corner. See Figure 16.5-300.A, Parking Lot Planting Areas.

Figure 16.5-300.A
PARKING LOT PLANTING AREAS

(a)

Planting areas. Planting areas shall be arranged within parking lots as follows:

1.

A planting area ("endcap landscape island") shall be installed at each end of a parking row that intersects with an aisle, except on the outside of corners (which are "corner landscape islands"). See Figure 16.5-300.A.

2.

A planting area ("corner landscape island") shall be installed at each corner of the parking lot. See Figure 16.5-300.A.

3.

A planting area ("landscape area between parking modules") shall be provided between parking modules for each two (2) parking modules that are arranged parallel to each other. For the purpose of this calculation, fractions shall be dropped. No more than three (3) parking modules shall abut each other unless at least one of them is bordered on one side by a "landscape area between parking modules." See Figure 16.5-300.A.

4.

Additional planting areas ("interior landscape islands") shall be provided as necessary to meet the tree planting requirements of subsection (c), below. Any such island that will accommodate a large tree shall be of adequate size and dimensions to meet the requirements of subsection (b), below. To ensure adequate room for tree canopy spread, interior landscape islands shall not be configured "back to back." Instead they must be separated by at least forty (40) feet at their nearest edges. See Figure 16.5-300.A.

(b)

Planting area per large tree. Each required large tree shall be installed in a permeable area that is:

1.

Not less than one hundred twenty-five (125) square feet; and

2.

Not less than nine (9) feet in any horizontal direction.

(c)

Planting requirements.

1.

Trees shall be installed so that there is at least one large tree per ten (10) surface parking spaces and one small tree per five (5) surface parking spaces (loading and vehicle stacking spaces do not count as surface parking spaces). Such trees shall be distributed around the parking lot so that each planting area includes at least one tree, and so that all parking spaces are located within fifty (50) feet of the center of a large tree trunk.

2.

Landscape islands and planting areas between parking modules shall be planted with xeric groundcovers or grasses (not drought-intolerant turfgrass varieties), or, if used as part of a biological stormwater treatment system, with groundcovers that are appropriate to that function.

(d)

Protection of planting areas. Planting areas shall be protected by wheel stops and six-inch curbs. Curb lines may be interrupted to allow for stormwater flows into biological treatment areas pursuant to an approved drainage plan, provided that the curb openings do not interfere with the curb's protective function.

(8)

Screening requirements. Screening shall be provided between non-residential property and any abutting residential property. When screening is required, the non-residential developer will install a masonry wall, fence or landscaping along the interior property line. The walls or fences must be constructed to materials which are compatible with the exterior materials of the non-residential building as approved by the planning commission. For the selection of a landscaping buffer as an alternative, the landscaping concept must be approved by the city council after a public hearing by the planning commission. A ten-foot wide landscape buffer or six-foot fence shall be required for compliance with this section.

(D)

Tree preservation or removal.

(1)

Preservation of existing tree stands. Development shall be designed so that significant stands of trees are preserved and located in designated open spaces whenever practicable. For the purposes of this requirement, a "significant stand" is a stand of trees with interconnected canopies that cover a total of at least ten thousand (10,000) square feet of ground area, or a single tree with a diameter at breast height (DBH) of at least twelve (12) inches. Sites that include significant numbers of trees shall not be clear cut in preparation for development. Instead, trees shall be removed only if, based on the site plan review and final approval, they are found to be:

(a)

On any list of prohibited species adopted by the city;

(b)

Unhealthy or structurally unsound;

(c)

Within ten (10) feet of an approved building footprint;

(d)

Within five (5) feet of the paved area of an approved street or parking area;

(e)

Within eight (8) feet of an approved outdoor recreation area that by its nature requires the removal of the trees (e.g., ballfields);

(f)

Within an approved stormwater retention/detention area and are not adapted to such conditions; or

(g)

Within six (6) feet of a utility easement and would interfere with the use of the easement as determined by the city engineer.

(2)

Removal of trees for development. A tree removal permit may be issued for the removal of trees that qualify under subsection (1), above, if it is demonstrated that:

(a)

No reasonable alternative site design at the same development intensity could be approved that:

1.

Would preserve the protected trees; or,

2.

If large-scale preservation is not possible, would preserve the largest of the protected trees; or

3.

If protection of the largest trees is not possible, would preserve a greater number of protected trees than the proposed development design.

(b)

Relocation of the trees to another location on-site or within the city is not practically or economically feasible;

(c)

The trees are replaced or mitigated according to the following standards:

1.

They are replaced with the number of new trees for which credit would be given if the protected trees were preserved (see subsection (E), Credit for existing trees, below); and

2.

At least sixty (60) percent of all replacement trees will be native and/or low-water and drought-tolerant species.

(3)

Relationship to landscaping requirements. Replacement trees shall count toward the landscaping requirements of the areas in which they are planted. However, if this subsection requires more trees than other provisions of this article, then this subsection controls.

(4)

Protection of existing tree stands or trees preserved by landscaping plan. Protected trees shall not be removed, damaged (e.g., through topping or other improper pruning) or destroyed unless a tree removal permit is issued by the city. Trees that are not protected as provided in subsection (1), above, by their presence in designated open space, or by a landscaping plan, may be removed, subject to the limitations of subsections (1), and (2), above, upon issuance of a building permit.

(5)

Removal without replacement. A protected tree may be removed without replacement only in the following circumstances:

(a)

The city manager orders such removal due to a pending emergency; or

(b)

The tree is cleared after it has fallen or been structurally damaged by a storm event; or

(c)

A qualified professional certifies to the city that one or more of the following conditions exists:

1.

The protected tree is damaged by natural causes beyond the point of recovery;

2.

The protected tree is diseased beyond the point of recovery;

3.

The protected tree must be removed as a safety measure because it is in danger of falling;

4.

The protected tree threatens to damage property; or

(d)

The protected tree is dead.

(E)

Credit for existing trees. Sites shall be designed so as to preserve protected trees. Where there is significant existing vegetation on the site, the administrative official may require an inventory of plant material. Existing, healthy trees shall not be removed unless the city determines that no other option is available. Existing trees qualify for credit against the requirements of this article as provided in this subsection.

(1)

Tree survey (when required). A tree survey performed by a certified arborist, registered landscape architect or an urban forester is required for parcels proposed for development when:

(a)

The administrative official determines that the development plan will impact:

1.

A material number of mature trees; or

2.

Mature trees of significance to the community due to their large canopy size, prominent location or association with community history (in general or particular historic sites); or

(b)

The applicant seeks credit for existing trees pursuant to this subsection; or

(c)

The trees are greater than eight (8) inches DBH and not on any list of prohibited species adopted by the city.

(2)

Quality of existing trees. Existing trees that are protected according to subsection (F), Tree protection during construction and development, below, count toward the planting requirements of this article, provided that:

(a)

They are:

1.

On any list of approved species adopted by the city; or

2.

Established for at least five (5) years and not on any list of prohibited species adopted by the city; and

(b)

They are not:

1.

Overmature;

2.

Diseased;

3.

Poor in form; or

4.

Leaning significantly.

(3)

Credit for preservation of trees. It is the policy of the city to promote the preservation of its healthy mature tree canopy. Healthy, mature trees that are preserved on-site shall count as more than one tree for the purposes of landscaping requirements, as set out in Table 16.5-300.B, Credit for Preservation of Trees.

(4)

Transplanting existing trees. Credit shall be given for trees that are transplanted from one part of the parcel proposed for development to another if:

(a)

The trees are transplanted according to the American National Standards Institute (ANSI) standard for Transplanting of Trees (ANSI A300 Part 6 Transplanting).

(b)

Surety is provided that will ensure replacement of the transplanted tree with the number of new trees for which credit was given according to Table 16.5-300.B. The surety shall be effective for a period of two (2) years from the date the tree is installed in its new location. The surety shall be in the form of a cash deposit, letter of credit or bond in the amount of one hundred fifty (150) percent of a current cost estimate for installation of the number of new trees for which credit was given. If other than a cash deposit, the surety instrument must be satisfactory to the city attorney as to form, sufficiency and manner of execution.

(5)

Application of tree preservation credit. The tree preservation credit is applied toward the requirements for the area in which the tree is planted. If there are no requirements for that area, the credit applies to parking lot landscaping requirements.

(F)

Tree protection during construction and development. Existing trees that are to be counted toward landscaping requirements shall be protected according to the requirements of this subsection.

(1)

Identification of protected root zone. The protected root zone is the larger of:

(a)

The area under the dripline of the tree; or

(b)

A radius that extends from the center of the trunk eighteen (18) inches per each one inch of diameter at breast height (DBH) of the protected tree. See Figure 16.5-300.B, Protected Root Zone.

Figure 16.5-300.B
PROTECTED ROOT ZONE

(2)

Restrictions within protected root zone.

(a)

The protected root zone of all protected trees shall be barricaded during construction to prevent damage to the trees and their roots by construction equipment or soil compaction. The barricades shall be posted "Off Limits/Fuera de los Límites." See Figure 16.5-300.B. A contiguous fenced area may enclose multiple protected root zones.

(b)

No cutting or filling, nor storage of building materials or debris, nor disposal of wastes, shall take place within the protected root zone of any protected tree.

(c)

No impervious paving shall be placed within the protected root zone of any protected tree.

(3)

Tree care during construction. Protected trees shall be cared for regularly during construction as follows:

(a)

Regular watering if rainfall is inadequate;

(b)

Pruning of branches that are dead, diseased, hazardous or detrimental to natural form; and

(c)

Fertilizing if nutrient stress is apparent.

(G)

Planting locations. In addition to the other requirements of this article, the following shall apply to the installation of plantings:

(1)

Distance from utilities.

(a)

No street or canopy trees shall be planted under or within ten (10) lateral feet of any overhead utility lines.

(b)

No trees shall be planted over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility line, or as required by the owner of the utility or the requirements of the specific easement.

(2)

Sight distance triangles. Trees shall not be installed in locations where there is a substantial likelihood that the mature form of the tree would have to be materially compromised to maintain sight distance triangles.

(H)

Irrigation. All landscape areas shall be watered by an automatic sprinkler system. Drip irrigation is required for any landscape improvements which the city permits in a street right-of-way.

(I)

Continuing care and maintenance. Uses that require landscaping plans shall provide for the care and maintenance of landscaping and trees preserved or installed in accordance with the landscaping plan.

(1)

Maintenance responsibility. The owner of the lot or parcel or the manager or agent (which may be a mandatory property owners' association if such is provided in the association's governing documents), shall be responsible for the maintenance of all landscape areas, including abutting landscaped portions of public rights-of-way.

(2)

Maintenance standards.

(a)

All landscaped areas shall be kept free from refuse and debris.

(b)

Maintenance and care of landscaping on nonresidential and mixed-use properties (except agricultural properties) shall be according to the most current American National Standards Institute (ANSI) A300 Standards for Tree Care Operations, which address the management of trees, shrubs and other woody plants.

(3)

Replacement. Replacement of required landscaping that is dead or otherwise no longer meets the standards of this article shall occur within six (6) months of notification by the city. Replacement material shall be of similar character and quality as the dead or removed landscaping. Failure to replace within the required six (6) months shall constitute a violation of this article.

(4)

Nothing in this subsection shall require any application from any public utility provider, or any city permit to such provider, prior to removing a tree whenever it has determined the tree poses a hazard, or interferes with restoration or continuation of utility services.

(Ord. No. 86-343, Art. 4, 9-8-86; Ord. No. O2013-712, Exh. B, 8-12-13)