River Oaks City Zoning Code
SECTION 27A
LANDSCAPING REQUIREMENTS.
A.
WHEN REQUIRED.
Lands not previously subject to landscaping requirements shall be required to comply with this section upon issuance of a Building Permit satisfying the conditions established by either subsection 1 or 2 below:
1.
New Construction, Developments, Subdivisions, remodeling, expansions, alterations or additions for which a site plan is required under the terms of the zoning ordinance; or
2.
Remodeling or alterations taking place within a 12-month period in which the total value exceeds 25% of the valuation of property improvements (excluding land value) on the current Tarrant Appraisal District's tax roles.
B.
LANDSCAPING GENERALLY.
1.
Landscaping shall be designed to maintain and preserve as many existing trees as possible.
2.
Ten percent (10%) of the net area of the property shall be landscaped. The designated landscape areas must be included on the development/site plans and when applicable be approved by the City Council.
3.
All landscaping materials shall be installed prior to issuance of any completed certificate of occupancy.
C.
INSTALLATION AND MAINTENANCE.
1.
The owner shall maintain all landscape areas and vegetation in good condition in accordance to all applicable codes and ordinances as adopted and amended by the City of River Oaks.
2.
In addition to all required trees and shrubs all of the required landscape area must be covered with grass or live groundcover.
3.
Landscape areas must be kept free of trash, litter, weeds, and other materials or plants not a part of the landscaping.
4.
Existing trees should be preserved as much as possible.
D.
LANDSCAPING FOR SINGLE-FAMILY AND 2-FAMILY USES.
1.
Lots shall have a minimum of one (1) canopy tree located in any required front yard.
2.
Canopy Tree shall be a minimum of 3 caliper inches.
3.
Existing trees of equal or greater size may be counted toward this requirement.
4.
In cases where the applicant can show that required trees cannot reasonably be placed on the lot due to size, configuration or slope, the City Official may waive this requirement.
5.
Required landscape area must be covered with grass or live groundcover.
E.
LANDSCAPING IN MULTIPLE-FAMILY, INDUSTRIAL, COMMERCIAL, PLANNED DEVELOPMENT AND OVERLAY PLANNED DEVELOPMENT DISTRICTS.
1.
Generally.
a.
For every 500 square feet, or fraction thereof, of required landscape area, one For every 500 square feet, or fraction thereof, of required landscape area, one (1) tree of three (3) inch caliper or larger is required. Up to fifty percent (50%) of the required number of trees may be replaced by five (5) gallon shrubs at the rate of one (1) tree equals ten (10) shrubs.
b.
For every fifty (50) square feet, or fraction thereof, of required landscape area, one (1) shrub a minimum of five (5) gallons in size is required. Up to 50% (50 percent) of the required number of shrubs may be replaced by three (3) inch caliper trees at the rate of ten (10) shrubs equals one (1) tree.
c.
A minimum of forty (40) percent of all required landscape areas shall be located in the front of the property as approved by the Public Works Director or his designee.
2.
All landscaping plans will accompany Site Approval Plans and will require Public Hearings in accordance to the Local Government Code first before the Planning and Zoning Commission. The Planning and Zoning Commission will make a recommendation to the City Council to approve, modify or deny the Landscape Plan.
3.
The City Council following the hearing before the Planning and Zoning Commission will hold another Public Hearing on the Site Plan and Landscape Plan. Following the Public Hearing the City Council will vote to approve, modify or deny the Plan as presented.
4.
Public Hearings will require publication in the official city newspaper and property owner notification within 200-feet of the property requesting Site Plan and Landscape Plan approval in any of these zoning districts.
5.
All landscaping shall be permanently maintained.
Should any plant material used in any landscaping required and approved die, the owner of the property shall have 90-days after notification by the City to obtain and install a suitable replacement plant material. Landscaped area shall be kept free of trash, litter, weeds and other material or plants not a part of the landscaping.
6.
A permanently installed irrigation system shall be installed and tested annually in accordance to TCEQ (Texas Commission on Environmental Quality) Rules and Regulations unless otherwise approved by the City once the applicant verifies the type of vegetation to be planted and the amount of water required to support the life of such vegetation.
F.
LANDSCAPING ADJACENT TO PUBLIC RIGHT-OF-WAY.
1.
A minimum 5-foot landscaped green space shall be provided to all public and private right-of-way on lots with an area of less than one-acre.
2.
A minimum 10-foot landscaped green space shall be provided to all public and private right-of-way on lots greater than one-acre.
3.
Landscape area must be covered with grass, trees, shrubs, flowering and nonflowering plants.
4.
When Evergreen Shrubs are planted the average density of 5-gallons for each 5 lineal feet cannot exceed the 36" height requirement as provided for in the Zoning Ordinance.
G.
Nonconforming uses and structures.
All uses that were in existence at the time of the adoption of Ordinance 1060-2015 which do not meet the landscape requirements will be considered legal nonconforming and will be subject to the provisions established in Section 28 of the Zoning Ordinance as a legal nonconforming use.
I.
MODIFICATION OF LANDSCAPE REQUIREMENTS.
The Public Works Director or his designee may approve minor variations in the location of required landscape materials due to unusual topographic constraints, siting requirements, preservation of existing native trees or similar conditions, maintain consistency of setback requirements. These minor changes may vary the location of required landscape materials but may not reduce the amount of required landscape area or the amount of landscape materials.
J.
APPEAL FROM LANDSCAPING REQUIREMENTS.
The Zoning Board of Adjustment, may consider appeals in granting relief from landscaping requirements in situations where individual circumstances, such as presence of existing facilities, or unusual topography, limit the applicant's ability to comply with the landscaping requirements. The procedure to appeal is as follows:
1.
The property owner, authorized agent Developer or other person having a proprietary interest in the property may request for appeal to landscape requirements.
2.
Applications for appeal in order to grant relief from landscape requirements must be made in writing and shall specify the property conditions that make relief necessary.
3.
Applications for appeal shall include a proposed landscape plan drawn to scale, illustrating the area available for landscaping and specify plantings by size, type and location. The proposed plan shall indicate the means by which irrigation will be provided and provide a phasing schedule for completion of the plan.
4.
Applications shall be accompanied by an application fee of $200.00 for lots of one-acre or less and $400.00 for all lots over one-acre.
5.
If approved the Chairman of the Zoning Board of Adjustment shall sign 2 copies of the approved plan, one copy shall be returned to the applicant and one copy shall be retained as a permanent record by the city.
6.
If approved with modifications, the applicant shall return 2 copies of the amended plan within 14 calendar days of the Zoning Board of Adjustment's action. The Public Works Director shall sign 2 copies, one will be returned to the applicant, the other copy will become a permanent record retained by the city.
7.
If denied by the City Council, the Chairman of the Zoning Board of Adjustment will sign 2 copies of the plan as presented and denied and mark on Plans "NOT APPROVED." A letter prepared by the Building Official stating the reasons for disapproval shall be attached to the plan. One copy shall be returned to the Applicant and the other copy shall be retained as permanent record by the city.
(Ordinance 1394-2023 adopted 11/28/2023)