(A)

Applicability:

(1)

All properties for which a Building Permit is granted after the effective date of this Section 20-21 shall be required to comply with these regulations.

(2)

Properties for which a Building Permit dated prior to the effective date of this Section 20-21 (August 26, 2003) has been issued will be required to comply with these landscaping regulations if/when:

(a)

additions or renovations of the property change the square footage of the property by 50% or more; and/or

(b)

the Certificate of Occupancy is modified.

(3)

Under no circumstance may an owner of any property reduce the amount of landscaping to less than the amount required by this section regardless of the time they were issued a building permit or certificate of occupancy.

(B)

Maintenance:

(1)

All landscaping required by these ordinances shall be maintained in a neat and healthy condition. Such maintenance shall be an ongoing obligation of the owner of the property and prompt replacement, no longer than 30 days shall be made of diseased or dead plant materials. The owner shall also be responsible for containing mulch, soil, bark, aggregate, etc. on his or her own property and preventing this debris from washing out of the planting bed and onto the public or private right-of-way.

(2)

City's right to trim and remove. City has the right to prune and remove trees, plants and shrubs within the rights of way of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary for construction, protection and maintenance of public improvements (including utilities) and for public safety.

(3)

Dangerous trees and unsafe conditions. City may remove, or cause or order removal of any tree, shrub or other vegetation or part thereof which (i) creates an unsafe condition, (ii) is injurious to or threatens to injure sewers, electric power lines, gas lines, water lines, or other public improvements, or (iii) is infected with any injurious fungus, insect or other pest.

(C)

Minimum Area, and Location of Landscaping: Except as and to the extent otherwise provided herein, all required landscaping shall be placed within the front-of-building area, except that for corner lots such landscaping shall also be placed within the side-of-building-area as well, and shall be distributed fairly equally within such area. For the purpose of calculating the minimum required landscaping area, parking garages, private streets/roads, swimming pools, and those areas enclosed by a visually impenetrable fence/wall having a height of six (6) feet or greater as measured from walking grade will be excluded if located within the front-of-building area or required setback area. In no case shall a property have less than twenty-five (25) square feet of landscaping planted visible from the street. Undisturbed, delineated wetlands may be included in calculating the required minimum landscaping area.

(1)

Single Family Use. The area of required landscaping shall not be less than 30% of the minimum front yard setback area in accordance with the requirements of this Section 20-21.

(2)

Townhouse Use. The area of required landscaping shall not be less than 15% of the minimum front yard setback area in accordance with the requirements of this Section 20-21.

(3)

Commercial/Multifamily Uses (Hotel, Motel, Condominium, Duplex, etc.). The area of required landscaping shall not be less than 20% of the front-of-building area in accordance with the requirements of this Section 20-21. Commercial properties may substitute up to 20% of their required parking spaces only for additional landscaped Areas above and beyond these minimum standards if the owner can reasonably justify that the parking is not needed for the business.

(4)

Corner Lots. An additional 10% of the side-of-building-area shall be landscaped in accordance with the requirements of this Section 20-21.

(5)

For those developed properties that have no building by which to determine "front-of-building area" (e.g. parking lots), the area of required landscaping shall not be less than 10% of the entire lot in accordance with the requirements of this Section 20-21, also distributed fairly equally within the lot.

(6)

Other materials such as planters, bark mulch, brick, stone, natural forms, water forms, and aggregate (but not concrete or asphalt) may be used provided the 80% coverage of live plant materials will be achieved. Plant material will be measured at a point no higher than 3 feet above grade.

(D)

Tree Requirements. For the purposes of this section, trees shall be planted within the required landscaped area at a ratio of one tree per 100 square feet of required landscaped area; provided, however, that no less than one (1) tree shall be planted on each lot. Within the required landscaping area, all plantings shall be kept outside of the wetlands. For residential developments, the required number of tree plantings may be waived by the city manager's designee if existing wetlands do not provide enough room for planting spaces.

(E)

Lines of Sight. To minimize traffic hazards at street or driveway intersections, all landscape installations must provide unobstructed views in accordance with sight triangle requirements as denoted within Article 2.22 of the Standards and Specifications for the Acceptance of Public Improvements for the City of South Padre Island, Texas.

(F)

Trees in Public Easements.

(1)

Existing trees shall be maintained wherever possible.

(2)

Tree planting shall be avoided within public easements.

(3)

When planting is required by City Ordinance or landscaping plan, it is recommended that the owner plant native plants and trees. Tall trees shall be planted only in places that are not under or within fifteen (15) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground public utility line.

Invasive plants and trees species are prohibited.

"Invasive plants and trees" are defined as a species that is:

1.

Non-native (or alien) to the ecosystem under consideration; AND

2.

Whose introduction causes are is likely to cause economic or environmental harm or harm to human health.

The planning director or the Environmental Health Director shall determine if any plant or tree is "invasive."

(G)

Landscape Plan submission and validity:

(1)

The location and square footage of all landscaping required by this ordinance shall be shown on a site plan submitted with any application for a building permit. Square footages of all landscaping areas and number and location of trees shall be shown on the site plan. A Certificate of Occupancy will not be issued until the applicant has installed all required landscaping.

(2)

The Building Inspector may at his/her discretion issue a temporary Certificate of Occupancy, not to exceed 60 days, in the event of inclement weather, natural disasters, or for other good cause shown.

(3)

Approved landscaping plans shall be valid as long as the building permit for the project is valid.

(H)

Enforcement. Should any person fail to comply with the requirements of this chapter, such failure shall constitute a violation as set forth in Section 20-17 and 21-2 of these City Ordinances.

(Ord. No. 24-05, 10-2-2024)