Victoria City Zoning Code

The purpose of this section is to establish minimum standards for the preservation, installation, and maintenance of landscape plantings and landscaped open space in residential, commercial and industrial districts, to utilize landscaping and open space as an effective means of energy conservation, to preserve open space, to improve property values, to maintain aesthetic quality of the city, thereby promoting the health and general welfare of the city.

(Ord. No. 415, § 3, 5-22-2017)

All of the following standards shall apply to all required landscape plantings:

1. Interference with site drainage. Landscape plantings shall not be placed where they interfere with site drainage.
2. Plantings shown on approved site plan. Landscape plantings shall not be placed in any public utility easement unless specifically permitted on the approved site plan.
3. Interference with public utilities. Plantings shall not be placed where they may interfere with maintenance of sanitary and storm structures, fire hydrants, or water valves, or any other public utility.
4. Approved plantings. Landscape plantings, other than approved boulevard trees, shall not be placed in any public street right-of-way unless previously approved by the city council and shall not be counted towards fulfillment of the minimum site requirements set forth below.
5. Vision clearance triangle. Vision clearance triangle shall be maintained at all times.
6. Restoration with sod. All disturbed land shall be restored with sod, unless specifically approved otherwise. In residential districts or uses, the entire front yard, side yard, and rear yard to the building setback line shall be sodded. In all cases, the adjacent ROW shall be sodded.
7. Survey of larger trees. A survey of trees larger than eight-inch caliper in diameter is required for sites with such existing trees. The tree inventory shall include species, size and a location map. Such plan shall be included in the initial development submittal.
8. Existing landscaping identified and protected. All existing landscaping which is not to be removed pursuant to the grading, landscape or site plan, shall be clearly identified and, prior to issuance of a permit, shall be protected by fencing located around the dripline of the tree, maximizing the protection of the root zone area. The administrative official may waive this requirement if the landscaping to be saved is not located in the immediate area where construction is to occur.
9. Preservation of existing landscaping. Whenever practical, existing landscaping shall be preserved and incorporated into the overall design and layout of the site.
10. Quantity of trees required. In sites where landscaping existed and was retained during development, the minimum quantity of trees required may be reduced by the total amount of caliper saved in the case of a deciduous tree or the total height in the case of an evergreen tree. No more than 50 percent of required plants, exclusive of replacement trees or caliper inches, may be waived in this manner. Where replacement trees are required due to removal of existing significant caliper inches, the replacement trees shall be counted toward the total plantings required of this Code and shall not be in addition to the requirements of this SECTION.
11. Plantings prohibited. Plant species to be used for landscaping shall be acceptable to the city that are not considered a nuisance or undesirable species such as trees with thorns, cottonwood or cotton bearing poplars, elm trees prone to Dutch Elm Disease and box elder.

(Ord. No. 415, § 3, 5-22-2017)

1. It is recognized that the extensive use and excessive congestion of land may become hazardous to the general health and welfare of the community. Therefore, the intent of this Code shall be to require not less than that open space which is necessary to preserve the basic qualities and beauty of nature. Open space shall be provided for each site in each district in accordance with the table below. Values are in percentage of each individual site unless specified herein:
   
   

   LMR	R-1	R-2	R-3	R-4	C-1	C-2	CBD	I-1
   50	50	50	25*	25*	30	30	None	30

   * = total of entire development site
2. The calculation of required open space shall not include sidewalks, trails, plazas, or patios in the minimum required open space.
3. All environmentally sensitive and restricted use areas of a property containing: wetlands, storm water ponds, creeks, streams, lakes and any applicable buffer areas adjacent to such areas shall be preserved as open space within the development through the establishment of an outlot(s) and dedicated to the city unless otherwise approved by the city.

(Ord. No. 415, § 3, 5-22-2017; Ord. No. 467 § 15, 11-13-2023; Ord. 474, 10-14-2024)

The provisions below represent the minimum standards required for compliance of this Code. These regulations are not intended to suppress creative design concepts or the use of variety in the landscape plan.

1. Minimum size. The minimum size for required plantings, other than those in required buffers, shall be as follows:
   1. Deciduous overstory trees shall be a minimum of three caliper inches and eight feet in height.
   2. Evergreen overstory trees shall be a minimum of six feet in height.
   3. Deciduous ornamental trees shall be a minimum of two and one-half caliper inches and six feet in height.
2. Minimum quantity. The minimum number of plantings per site shall be as follows:
   1. A minimum of 50 percent of all required trees shall be overstory shade trees.
   2. For all uses except single-family attached and detached residential dwellings in the R-1, R-2, or LMR districts, a minimum of 25 percent of all required trees shall be evergreen trees.
3. Minimum planting quantities.
   
   

   R-1, R-2	R-3, R-4, Commercial, Industrial
   -3 trees per dwelling unit total.	-1 tree per 1,000 square feet of required open space.
   -2 of the 3 trees shall be deciduous overstory.	-1 shrub per 1,000 square feet of required open space.
   -1 of the 3 required lot trees may be satisfied through placement of a boulevard tree(s) immediately adjacent to the property.

4. Values expressed in the table above are in addition to plantings required in buffers and screening.

(Ord. No. 415, § 3, 5-22-2017)

1. R-3 and R-4 districts. Townhome, apartment, and condominium buildings shall provide foundation plantings around the perimeter of the building to aid in general site beautification and assist in screening mechanical units from public view.
2. Central business district. Foundation plantings shall be provided where practical to soften and enhance the pedestrian experience around buildings in the downtown area. Foundation plantings are of most importance adjacent to a pedestrian walkway or surrounding plazas and patio spaces. New or redevelopment projects in the downtown area shall seek to provide a similar level and number of plantings as required of other commercial districts in the city, but may achieve those numbers through a combination of boulevard tree installation, planter boxes, plaza spaces comprised of pavers, colored concrete, or similar decorative elements, or designated green spaces planted adjacent to the foundation of a building.
3. Commercial and industrial districts. Buildings in commercial and industrial districts, not including the central business district, shall provide foundation plantings near primary entrances and along designated pedestrian routes from parking areas toward a building entrance.

(Ord. No. 415, § 3, 5-22-2017)

It is recognized that the transition from one district to another district of contrasting and conflicting uses is across a line in theory, but does not exist as a physical line without the presence of a substantive element(s). Therefore, it is the intent of this Code to require the provision of a physical barrier between certain zoning districts so as to reduce possible harmful or detrimental influence one zoning district's use may have to an abutting and contrasting or conflicting zoning district's use. The following are conditions for requiring a buffer:

1. Any lot for residential use, having both its front and rear lot lines abutting a public thoroughfare (a double frontage lot) shall require a 25-foot buffer adjoining the thoroughfare from which no access is planned or permitted. Any lot for residential use, having three lot lines abutting a thoroughfare shall provide a 25-foot buffer along the thoroughfare with highest planned traffic and a 15-foot buffer along the other thoroughfare from which no access is planned or permitted. In circumstances where the residential use has a lot line abutting a public thoroughfare classified as an arterial roadway in the adopted comprehensive plan a 30-foot buffer shall be provided along minor arterial roadways and 40-foot buffer shall be provided along major arterial roadways.
2. Buffers between zoning districts shall be provided in accordance with the following table. Values are in feet:
   
   

   	AG, LMR, R-1, R-2	R-3	R-4	Commercial except for CBD	Industrial
   AR, LMR, R-1, R-2	–	25	25	30	40
   R-3	25	–	15	30	40
   R-4	25	15	–	30	40
   Commercial, except for CBD	30	30	30	–	40
   Industrial	40	40	40	40	–

   In circumstances where a newly zoned property is proposed immediately adjacent to an existing planned unit development (PUD), the administrative official shall determine the most applicable standard zoning district or districts of the existing PUD from the table above and determine if a buffer(s) is required consistent with the table above.
3. The more intense use shall provide the buffer required above. In an instance where adjacent property is down zoned, thereby requiring additional buffer, the newly zoned property shall provide the additional required buffer. In instances where the future land use plan, adopted as part of the city's comprehensive plan, identifies adjacent property(s) to the proposed development as being guided for redevelopment into a compatible use as the current development, a buffer shall not be required of the current development.
4. Buffer requirements. The following shall be the minimum requirement. All buffers shall provide the plantings as prescribed below.
   
   

   Buffer Material Requirements (Per 50 Linear Feet of Buffer):
   15 Foot Buffer:	1 overstory	2 evergreen	1 ornamental
   25 Foot Buffer:	2 overstory	3 evergreen	2 ornamental
   30 Foot Buffer:	2 overstory	4 evergreen	2 ornamental
   40 Foot Buffer:	3 overstory	5 evergreen	3 ornamental

5. Whenever practical, existing trees and shrubs should be preserved and incorporated into the overall design of the buffer and can be included to meet the total number of required trees.
6. A continuous or undulating earthen berm, an average of eight feet in height, shall be provided in addition to the required plantings. The berm shall be constructed at a 3:1 slope unless otherwise approved by the city.
7. In addition to the required permanent landscape buffer, the city council may require a fence or a more significantly landscaped earthen berm to provide additional screening. Such fence shall be constructed of substantial support elements, including, but not limited to, brick, poured concrete, stone columns, or decorative metal posts. The city shall reserve the ability to require additional landscaping and/or earthen berm height in instances where existing conditions adjacent to the property being developed cannot physically be addressed by the minimum standards established elsewhere in this SECTION and meet the intent of the SECTION for properly screening incompatible uses.
8. In cases where a fence is provided in combination with buffer plantings, said fence shall be located on the most interior portion of the buffer closest to a structure so that the buffer plantings are continuous and closest to the adjoining thoroughfare(s).
9. Required yards shall be measured from the lot lines as prescribed in this Code. Buffer may be included in yards required by this Code. No building, parking, or structures shall be permitted within any buffer, unless authorized by the city council.
10. In a residential subdivision, the developer of the subdivision shall be required to install the buffer improvements as required by this section. The owner of the adjacent private property shall maintain the buffer in perpetuity.
11. In a situation that has landscape requirements other than those stated in the buffering requirements, the buffer requirements shall be in addition to any other required landscaping.
12. The need to establish the buffer as an easement shall be reviewed and identified during the development review process. Easements shall generally be required between different zoning districts and for buffering requirements of residential districts. It shall be assumed that the buffer will be established by an easement unless noted otherwise during the development review process and approved by the city council. Buffer easements shall be recorded with the county at the time of establishment, prior to, or concurrent with the recording of a final plat or the final approval of a site plan.
13. For single-family residential subdivisions, the landscape buffer shall be submitted for review and approval as a public improvement, at the same time as the preliminary plat. For any type of development that requires a site plan review, the buffer plans shall be submitted as a part of the site plan submittal.

(Ord. No. 415, § 3, 5-22-2017)

The city council may, at its discretion, reduce the required buffer under the following conditions:

1. In those areas where the boundary line abuts permanent natural features which function as a buffer, including, but not limited to, ponds, severe grades, or mature woodlands, requirements for a buffer area for that portion of the boundary may be reduced by the city council in the proportions that the permanent natural features fulfill the buffer requirements.
2. In those areas where the property abuts an undeveloped property that is shown on the adopted future land use plan as the same or a more intensive use.
3. The abutting property has provided a portion or the entire required buffer.
4. On lots that can present evidence that the above buffer provisions would render the property unbuildable, the city council may grant a waiver of the buffer requirements and permit a fence of not less than six feet in height. Provisions for landscaping to soften the visual appearance of the fence and provide additional buffering may be required and will be reviewed on a case by case basis.
5. In those areas that abut a public park, the buffer area for that portion of the boundary may be reduced to 50 percent.

(Ord. No. 415, § 3, 5-22-2017)

The following requirements shall be applicable to all newly constructed streets or redevelopment adjacent to existing streets within the city.

1. Boulevard trees shall be planted according to the following minimum requirements along a city street:
   
   

   Zoning District Type	Type of Adjacent Yard	Spacing Between Trees	Distance from Intersection
   Residential, All	Front or Rear	45 feet	25 feet
   Residential, All	Side or Secondary Front Yard	35 feet	25 feet
   CBD	All	35 feet	20 feet
   Other Commercial and Industrial Districts	All	45 feet	25 feet

2. All boulevard trees shall be deciduous overstory with a minimum trunk diameter of three inches, measured at one foot above the grade unless otherwise approved by the city.
3. The city may consider waiving the placement of individual trees meeting the minimum spacing requirement if determined to conflict with sight lines into and/or out of individual properties based upon a known driveway or intersection location.

(Ord. No. 415, § 3, 5-22-2017)

All of the following requirements shall apply to off street parking areas, except for single family attached and detached parking in driveways and the central business district, as follows:

1. All rows of parking spaces shall be provided a terminal landscaped island, with a minimum width of ten feet and a minimum length of 17 feet for single parking rows and 34 feet for dual parking rows, to protect parked vehicles, provide visibility, confine moving traffic to driveways, and provide space for landscaping.
2. There shall be provided within each row of parking spaces, landscaped islands, with a minimum width of six feet and a minimum length of 17 feet for single parking rows and 34 feet for dual parking rows, located so as to prevent more than 15 vehicles from being parked side by side in an abutting configuration.
3. All landscaped islands required in subsection A and B of this section shall be planted with at least one ornamental or one deciduous overstory tree. A minimum of 50 percent of the landscaped islands shall be provided with a deciduous overstory tree. The entire landscaped island area shall be covered with plant materials, lawn or mulches.
4. The setback between the parking area and the public right-of-way shall be landscaped with a minimum of one overstory deciduous tree per 40 linear feet of frontage. The frontage calculation shall be exclusive of the driveways. The plantings may be planted individually or in clusters. This requirement shall be included in the minimum number of trees required for the site and is not in addition to.
5. All parking spaces facing a public street shall be screened with plantings having a minimum mature height of at least four feet in order to prevent head lights from being directed into the public right-of-way.

(Ord. No. 415, § 3, 5-22-2017)

Steep Slopes with a high density of significant trees shall be preserved in their natural state for their functional and ecological value as well as for their positive impact upon existing and future urbanization to the greatest extent practicable. Clear cutting of steep slopes is prohibited, but clearing and trimming of trees and shrubs on steep slopes is allowed pursuant to the provisions of City of Victoria Municipal Code Chapter 105-III Tree Preservation and Replacement, provided that perennial ground cover is retained and a maintenance/monitoring plan is established.

A grading, filling and/or erosion permit is required for the movement of more than 10 cubic yards of material on a steep slope.