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) 
Salt Cedar - Tamarix sp.
(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:
(A) 
North arrow;
(B) 
Scale;
(C) 
Structure locations;
(D) 
Parking locations;
(E) 
Property lines;
(F) 
Setback lines;
(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:
(A) 
Total lot area;
(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)