The purpose of this article is to establish the requirements
for landscaping of commercial, nonindustrial, nonresidential properties
in order to: enhance and maintain property values by ensuring a minimum
level of quality of new developments and redevelopments; to encourage
the new planting and preservation of groundcover, vegetation, and
trees to help control stormwater runoff, soil erosion, and increase
the air quality; to encourage water conservation through xeriscaping
and more efficient irrigation systems; and to improve the quality
of life for those living, working, and visiting the city by enhancing
the appearance of properties.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
(a) The provisions of this article shall apply to any new nonresidential
development within the jurisdiction of the city when nonresidential
uses are proposed, when a building permit is required for new construction,
in all zoning districts with the exception of all areas zoned as heavy
industrial (HI) and those areas zoned light industrial (LI) south
of 1st Street.
(b) A landscaping plan shall be submitted for approval at the time a building permit is requested as described in section
10-2-7 of this article. Landscaping elements shall include but are not limited to plant material and shade trees. The use of water efficient landscaping is strongly encouraged.
(c) No new or amended site plan may be approved for any property unless
the applicable provisions of this article are met. No certificate
of occupancy shall be issued for any property unless the applicable
provisions of this are met.
(d) The requirements of this article are not intended to and shall not
be construed to apply to affordable housing developments that qualify
for and receive tax credits or other funding assistance through the
programs administered by the Texas Department of Housing and Community
Affairs.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
Certain words used in this chapter are defined for the purposes
hereof as follows:
Nonresidential use
Any commercial use or any use other than single-family, town
home, or two-family residential.
Nonvegetative permeable ground cover
Natural or manmade material that is placed a minimum of four
inches in depth, or to the manufacturers specifications, and is intended
to reduce or eliminate regular watering, control weed growth, and
inhibit water runoff while maintaining a pleasant aesthetic appearance.
Acceptable examples include, but are not limited to, crushed or decomposed
granite, gravel, cobblestone, ornamental glass, lava rock, and artificial
turf; however, other similar materials may also be used. Mulches,
plant material, and turf grass are not considered nonvegetative permeable
ground cover.
Ornamental tree
A tree grown primarily for its aesthetic characteristics,
such as Bradford Pear, Crepe Myrtle, and Purple Leaf Plum, which do
not qualify as a shade trees.
Plant material
Includes all varieties of cultivated vegetation, with primary
emphasis toward native or ornamental plants, grasses, bushes, and
shrubs.
Practical hardship
A hardship based on a site condition such as size, shape,
area, topography, or existing structures, paved areas, or other conditions.
A practical hardship cannot be self-imposed, and must be distinguished
from a mere inconvenience.
Public/private art
Sculpture, painting, murals, or similar professionally designed
elements in a size appropriate to the scale of the site at which it
is being located. Art should be of suitable material to resist normal
wear and tear, and to be a permanent (15 year +) fixture to the site,
and shall be placed in an approved location which is readily viewable
by the passing general public. Art shall be of a manner that is not
generally considered profane or offensive to the public, and must
pass approval by the city prior to acquisition and placement to be
considered for the purposes of this article.
Rainwater harvesting
A designed system of collecting rainfall from roofs or other
structures, or gray water from buildings, and storing that water on
site in engineered cisterns or similar containers so that it can be
utilized for the irrigation of surrounding landscape materials.
Shade tree
A large tree of suitable species that will develop an elevated,
spread canopy of leaves to provide a shade canopy in the surrounding
area.
Streetscape enhancement
A streetscape consists of all the visual elements of a street,
including the paved roadway, adjoining buildings, sidewalks, park
benches, lighting elements, trees, and open spaces, etc., that combine
to form the street’s character. Streetscape enhancement refers
to the planning and implementation of a project of construction, restoration,
and beautification of a streetscape, often including the addition
of decorative lighting fixtures, park benches, trash receptacles,
and public/private art.
Turf grass
Cultivated grass typically used for lawns, which require
regular watering and mowing to maintain desired height, color, and
aesthetic appearance.
Vegetative ground cover
Any plant material that grows close to the ground or directly
on top of the soil and helps reduce erosion by increasing infiltration,
trapping sediments, stabilizing the soil, and reducing the effects
of intense rainfall.
Xeriscaping
Landscaping with slow-growing, drought-tolerant plants in
an effort to reduce or eliminate the need for supplemental water from
irrigation, as well as to reduce fertilizer use and maintenance requirements.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
(a) General provisions.
(1) The total area to be landscaped shall be a minimum of five percent
(5%) of the total lot area not including the area of any existing
or proposed structures, as follows: [sic]
(2) Vegetative ground cover and plant material is generally required
for all required landscape areas. A maximum of fifty percent (50%)
of the required landscape area may include nonvegetative permeable
ground cover; however, sidewalks or paths within a landscape area
shall not count against the impervious cover limit and shall be included
in the total landscape area calculation.
(3) Notwithstanding the requirements of this section, variances, exceptions, and alternative plans may be submitted and shall be considered in cases of practical hardship, and plans that include xeriscaping, rainwater harvesting, and/or other water conservation methods that vary from the percentage of nonvegetative permeable ground cover shown herein may be submitted and shall be considered as described in sections
10-2-5 and
10-2-6 of this article.
(b) Required trees.
(1) Street front trees.
(A) Shade trees or ornamental trees shall be provided at the rate of
one tree per fifty (50) linear feet of street frontage, or fraction
thereof. Such trees shall be located where they are visible from a
public street, public sidewalk, or paved parking area adjacent to
a public street where possible, taking into account the location of
overhead power lines and utilities. Placement of trees may be varied,
but may not result in fewer than the required number of trees for
a property.
(B) Street front trees may be placed in the city’s right-of-way
if adequate space is available and if they do not interfere with existing
or future utility services and do not interfere with vision clearance
at street or driveway intersections. Any trees to be placed in the
city’s right-of-way must be clearly identified on the landscaping
plan.
(2) Parking lot trees.
(A) Shade trees or ornamental trees may be placed in parking areas. Trees
may be planted throughout the parking area so that they become an
integral part of the parking design, however this is not required,
and alternative plans shall be considered.
(B) Trees are required at a minimum rate of one tree per thirty (30) uncovered parking spaces. No less than two (2) trees, or the equivalent public/private art or streetscape enhancement as provided for in subsection
(d) below, shall be required under this section.
(C) The number of required trees to be included in the landscaping plan
based on the number of parking spaces shall be in addition to the
number of required street front trees, and any individual tree can
only be counted to fill one of those requirements, not both.
(3) Size of trees.
(A) All shade trees shall be a minimum of three-inch caliper as measured
twelve (12) inches above grade. Evergreen and ornamental tree height
shall be a minimum of six feet above grade.
(B) All existing trees of at least three-inch caliper as measured twelve
(12) inches above grade, and evergreen or ornamental trees of six
feet or more in height, will be counted towards satisfying the requirements
of this article.
(4) Undesirable tree species.
The following trees, existing
or proposed, shall not be credited towards tree requirements under
this section:
(A) Fruitless Mulberry - Moras alba.
(B) Siberian Elm - Ulmus pumila.
(c) Irrigation systems.
(1) Irrigation systems shall comply with state law requirements.
(2) All sprinkler systems shall be designed in such a manner as to minimize
water runoff and to eliminate over spray into adjoining streets, driveways
and parking areas.
(3) Drip systems shall be required in confined spaces of four feet or
less between paved surfaces.
(d) Public/private art and streetscape enhancement.
The
installation of approved public/private art and/or similar streetscape
enhancement elements may take the place of one or more required trees
if approval is granted through the landscaping plan submission process
set out in this article. If a streetscape enhancement project is already
underway in the same area, the proposed public/private art or streetscape
enhancement elements should be of similar character to continue such
enhancement project.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
(a) In cases where alternate materials, xeriscaping, or other water conservation
methods are proposed, an alternate landscaping plan including a detailed
description of these elements must be submitted and may be approved
as described in this article.
(b) In cases of practical hardship or where the size, shape, area, topography,
or existing structures, paved areas, or other conditions make it impossible
or impractical to implement a landscaping plan in accordance with
the standards set out in this article, an alternate landscaping plan
must be submitted and may be approved as described in this article.
(c) In cases where the desired location for plant materials for the required
percentage of lot area is not within the front or side yard setback,
an alternate landscape plan must be submitted and may be approved
with the landscaping in alternate locations.
(d) In cases where the right-of-way and the required percentage of lot
area cannot be landscaped with plant material due to existing improvements,
a public safety risk, or a practical hardship, an alternate landscape
plan must be submitted and may be approved.
(e) In cases where the desired location for required street front trees
will not allow them to be visible from the street, an alternate landscape
plan must be submitted and may be approved with said trees in alternate
locations: however, an alternate proposal under this subsection shall
not result in a net reduction of the tree requirement.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
(a) A landscaping plan meeting the standards set out in this article
shall be submitted for review and approval by the director of parks
and recreation or their designee and the director of the planning
department or their designee.
(b) Any landscaping plans requesting a variance from any of the requirements
of this article must be submitted through the same process and receive
approval from the director of parks and recreation or their designee
and the director of the planning department or their designee.
(c) Landscaping plans submitted under this section should be reviewed
immediately and the approval process under this section should not
add any additional time to the current process.
(d) If a landscaping plan submitted under this section is not approved
because it does not meet the standards set out in this article or
if the requested variances, exceptions, or alternate proposals are
not approved, the owner or developer shall have the right to an expedited
appeal to the city manager upon submitting a written request for reconsideration
which must include a copy of the proposed landscaping plan that was
originally submitted.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
At a minimum, landscape and irrigation construction plans shall
include the following details:
(1) Project description:
(A) Project name and location; and
(B) Designer name and phone number.
(2) Site elements:
(G) Existing plant material and tree locations;
(H) Proposed plant material and tree location; and
(I) The nature and location of the irrigation system.
(3) Landscape legend:
(A) Plant material/tree name;
(B) Plant material/tree symbol;
(C) Plant material/tree caliper; and
(D) Plant material/tree quantity.
(4) Landscape article compliance schedule:
(B) Total area of building footprint;
(C) Total area required to be landscaped with plant material;
(D) Total area that will be landscaped with plant material;
(E) Total length of street frontage;
(F) Total number of trees required per street frontage;
(G) Total number of trees provided per street frontage;
(H) Total number of parking spaces;
(I) Total number of trees required per parking spaces; and
(J) Total number of trees provided per parking spaces.
(5) Public/private art and streetscape enhancement:
(A) Proposed location for pubic art or streetscape enhancement element;
(B) Description including size, composition, and subject matter; and
(C) Photographs of completed piece or conceptual drawings.
(6) List of individual items showing compliance with section
10-2-8 of this article.
(7) Estimated monthly water usage.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
All submitted landscaping plans under the requirements of this
article shall include a minimum of two (2) of the following items:
(1) Approved rainwater harvesting system.
(2) Permeable weed barrier installed.
(3) Drip irrigation system in all areas 15 feet or less in width.
(4) Tree quantity exceeds minimum required quantity.
(5) Drought tolerant sod is primary variety of turf grass.
(6) Landscape area is curbed or shaped to hold water.
(7) Xeriscaping on 10% or more of landscaped area.
(8) Public/private art or streetscape enhancement features included.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
(a) All requirements of this article shall be completed prior to the
receipt of a certificate of occupancy or within sixty (60) days following
receipt of a conditional certificate of occupancy. Delays in the installation
of the landscaping as shown on an approved landscaping plan due to
weather, shipping, unavailability of the designated plant materials,
or other good causes shown at the time of issuance of a certificate
of occupancy shall not prevent the issuance of a certificate of occupancy.
(b) The owner who is responsible for property for which a landscaping
plan has been submitted and approved shall maintain the required landscaped
areas in healthy condition, free from diseases, pests, weeds, and
litter, in accordance with generally accepted horticultural practice.
(c) An owner who receives notification from the city that plants on their
property are dead, diseased, or severely damaged:
(1) Shall remove the plants not later than the 60th day after notification;
and
(2) Replace the plants within six months after notification, or by the
next planting season, whichever comes first.
(d) An owner required to replace plants under this section must use replacement
plants that are the same size and species as shown on the approved
landscaping plan or must be of equivalent quality and size. The replacement
of plants under this section is not an amendment to the approved plan.
(e) If the installation of the landscaping of an approved landscaping plan is delayed as described in subsection
(a) above for more than ninety (90) days, the city shall consider the owner to be in violation of this section and issue notifications to the owner as discussed in subsection
(c) above.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)
The penalty for violation of these regulations shall be in accordance with the general penalty provisions contained in section
1-1-9 of this code, which provides for a fine not to exceed $500.00 per violation per day.
(Ordinance 2016-19, sec. 3, adopted 7/12/16)