A.
Landscaping requirements applicable to all development within city
limits.
1.
Landscaping plan required. Construction of a Multifamily, Mixed-Use, or Nonresidential development may not commence until a Landscape Plan is approved as a component of the required Site Plan (see subsection 3.5.4) that demonstrates conformance with this subsection 5.1.1 [section 5.1.1] and contains any technical information required by the Planning Director.
3.
Credit for preservation of existing trees and trees planted
to fulfill mitigation requirements. All development must preserve
or replace at least sixty percent (60%) of the caliper inches of trees
present on site prior to development according to an approved Tree
Survey. The caliper inches of tree species listed in Table 6.1-1 Exempted Trees when measuring
twelve (12) caliper inches and or larger and all other trees four
(4) inches caliper or larger shall be counted towards the required
sixty percent (60%).
(iii)
Credit for Preserving Protected Trees, Significant
Trees, Specimen Heritage Trees, and Tree Clusters Preservation of
existing Protected Trees, Signature Trees, Heritage Trees, or Tree
Clusters may be credited toward required plantings or replacement
plantings according to the schedule in Table
4.4-1:
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Table 4.4-1: Tree Preservation & Mitigation Credit
Schedule
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|---|---|
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Tree Type
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Credits Towards Required Caliper Inches of New or Replacement
Trees
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Protected Tree (4 to 7.9 inches)
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.75:1 (credit .75 inch for every inch preserved)
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|
Significant Tree (8 to 11.9 inches)
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1:1 (credit 1 inch for every inch preserved)
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Specimen Tree (12 to 23.9 inches)
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1.15:1 (credit 1.15 inch for every inch preserved)
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Heritage Tree (24 inches or more)
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1.25:1 (credit 1.25 inch for every inch preserved)
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Tree Cluster (3 or more trees located less than 10 ft apart)
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1.15:1 (credit 1.15 inch for every inch preserved within the
cluster)
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(iv)
Method of calculation. To determine the number of credits towards
new or replacement trees, add the total caliper inches of each type
of preserved tree and multiply by the corresponding number. The product
is the number of inches credited (see Table 4.4-2).
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Table 4.4-2: Tree Preservation Credit Calculation Method
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|---|---|
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Tree Type
|
Calculation Method
|
|
Protected Tree (.75:1)
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100 inches preserved * .75 = 75 inches credited (round down
all fractions)
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|
Significant Tree (1:1)
|
100 inches preserved * 1 = 100 inches credited (round down all
fractions)
|
|
Specimen Tree (1.15:1)
|
100 inches preserved * 1.15=115 inches credited (round down
all fractions)
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|
Heritage Tree (1.25:1)
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100 inches preserved * 1.25 = 125 inches credited (round down
all fractions)
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|
Tree Cluster (1.15:1)
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100 inches preserved within cluster * 1.15 = 115 inches credited
(round down all fractions)
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4.
Protection of trees during construction. The applicant must
protect all Trees preserved for credit under this subsection 5.1.1.A in strict accordance with this section and the guidelines in Section 6.3.1 [6.1.10].
(i)
Placement of trees adjacent to pavement shall be in accordance
with standards outlined in the Criteria Manual.
5.
Plants to be maintained in a safe and healthy state. The property owner shall maintain all landscaped areas and plantings in a healthy state, whether required to be planted by this subsection 5.1.1 or planted at the Developer or owner's discretion, in accordance with the following:
(i)
The property owner shall promptly replace any dead or diseased
plants.
(ii)
If the City provides notice of dead or diseased plantings, the
property owner must remove and replace the dead plantings within ninety
(90) calendar days of the City providing notice.
(iii)
It shall be the duty of any person or persons
owning or occupying real property bordering on any street upon which
property there may be trees, to prune such trees in such manner that
they will not, obstruct the passage of pedestrians on sidewalks, obstruct
vision of traffic signs, or obstruct the view from any street or alley
intersection.
(iv)
The minimum clearance of any overhanging portion of trees or
branches shall be ten (10) feet over sidewalks and fourteen feet (14')
over all streets.
(v)
It shall be the duty of any person or persons owning, occupying
or controlling real property upon which tree trimming or removal occurs
to advise all landscape contractors, tree services, arborists and
others who remove or trim trees of the need for proper disinfection
of all cutting tools and the required painting of all tree cuts on
oak trees with a proper sealant immediately after cutting or pruning
to prevent the spread of oak wilt and to ensure such sealing of cuts.
(vi)
Unless specifically authorized by the Building Official, no
person shall intentionally damage, cut, carve, transplant, or remove
any public tree or shrub; attach any rope, wire, nails, advertising
posters, or other contrivance to any public tree or shrub; allow any
gaseous, liquid or solid substance which is harmful to such plants
to come in contact with them; or set fire or permit any fire to burn
when such fire or the heat thereof will injure any portion of any
public tree or shrub.
6.
Irrigation required.
(ii)
Irrigation is not required within the 75' (or equivalent) roadway
buffer (see subsection 5.1.1.B.1) for existing trees and vegetation only, which is encouraged to remain and may be counted towards fulfillment of landscaping requirements. Water quality re-irrigation is allowed in conformance with Article 7 and the Technical Manual.
(iii)
Irrigation lines shall be installed as part of
the Site Plan unless approved by the City Engineer.
(iv)
Water quality re-irrigation may not be used as a primary or
sole means of irrigation for required landscape areas and plantings.
7.
Planting over easements and in right-of-way.
(i)
The City, State, or any utility with ownership or right of access
to an easement or right-of-way may refuse to allow the planting of
trees or shrubs within the easement or right-of-way.
(ii)
The State, City, or any utility with ownership or right of access
to an easement or right-of-way may at any time remove or require landscaping
to be removed from a right-of-way or easement.
(iii)
In removing the landscaping, the entity with
ownership or right of access to an easement shall not be held responsible
or liable for any cost or damages due to such removals. If landscaping
required by an approved landscape plan is to be removed, it shall
be the responsibility of the property owner to replace the required
landscaping elsewhere within the remaining site area or buffer within
ninety (90) days or in the next planting season.
(iv)
Planters and other permanent structures are prohibited within
the right-of-way or within drainage or utility easements except through
a license agreement approved by the City and all entities with right
of access to the easement or right-of-way.
(v)
The owner of the property directly abutting a right-of-way is
responsible for maintaining any landscaping located within the right-of-way
abutting the property, and within any easements located on the property.
(vi)
In addition to enforcing the penalty provision of subsection 1.1.13, the City may remove from any right-of-way growths and materials that interfere with the safe use of streets and sidewalks and, in so doing, the City, its officers, agents and employees shall not be liable by the owners of property abutting the right-of-way. Any expense incurred by the City for such removals may, at the City’s discretion, be charged to the property owner.
8.
Species diversity required.
(i)
If more than eight (8) trees are to be planted, no more than
twenty-five percent (25%) of the new trees to be planted on a site,
development, or property shall be of the same species in order to
encourage a diverse landscape that will not be subject to loss to
a specific disease or insect. Refer to Approved Plant List in the
ECM.
(ii)
Approved plant materials must be in accordance with the Technical
Manual and all required plants must be selected from the list contained
in the Technical Manual.
(iii)
A Developer, Subdivider, or property owner may propose a species not found on the list of approved plants if a registered Landscape Architect attests to the species being noninvasive, not disease-prone, and shown to have a canopy or foliage meeting the dimensions of an approved species for the purpose of calculating canopy area or screening height under this Article 5.
9.
Plantings of Landscaping.
(i)
Planting of landscaping for commercial purposes shall be restricted
to the months between October 1st and March 31st, in line with optimal
conditions for vegetation growth and adherence to water conservation
strategies. Planting outside the months of October 1st to March 31st
may be permitted with approval from the City Engineer and submission
of a Planting Establishment Plan.
(ii)
When planting is not feasible between October 1st and March 31st,
fiscal security shall be provided per subsection 2.4.4.A Table 2.4-1 for the postponement of landscaping and ensure proper landscaping
at a later date.
(iii)
All landscaping requirements of this chapter, including those
specified in an approved landscape plan, must be met prior to the
issuance of a certificate of occupancy for any premises to which these
regulations apply. In cases where weather conditions or similar circumstances
delay compliance, the City Manager may grant a Temporary Certificate
of Occupancy (TCO), provided the owner or owner's agent enters into
a signed agreement with the city committing to full compliance with
the landscaping requirements within sixty (60) calendar days of October
1st of the same calendar year in which the TCO was granted. Should
additional time beyond the initial sixty (60) days be necessary, an
extension must be sought and approved by the city manager. Failure
to adhere to the planting schedule during the designated period and
any approved extensions will result in the accrual of daily fines,
not exceeding 100% of the fiscal security amount.
B.
Nonresidential, mixed-use, and multifamily residential landscaping
requirements. Landscaping shall be required according to the following
sections for all nonresidential uses.
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Section B.1
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Roadway Buffers
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Section B.1(iii) [B.2]
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Incompatible Use Buffers
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Section B.3
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Parking Lot Landscaping
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Section B.4
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Site Landscaping
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1.
Roadway buffers. All uses in the MU-N, MU-C, MU-TC, CR, and
P Districts, including PDDs with these underlying districts, shall
comply with the following landscaping requirements:
(i)
Landscaping shall be provided adjacent to all streets as follows.
(1)
Adjacent to Bee Cave Parkway, F.M. 2244, State
Highway 71, Hamilton Pool Road, and F.M. 620: Seventy-Five (75) feet.
(2)
Adjacent to Arterial Streets not listed in above:
Twenty-Five (25) feet.
(3)
Collector Streets in CR and P districts: Ten (10)
feet.
(4)
Adjacent to a street in a Mixed-Use (MU) district:
Ten (10) feet. The Planning Director has the ability to allow a buffer
to be located either between the curb and the sidewalk or between
the building and the sidewalk.
(5)
A ten (10) foot buffer is required where a Multi-Family
development abuts a Mixed-Use district.
(ii)
Landscaping within roadway buffers shall consist of the following:
(1)
For buffers that are a minimum of seventy-five
(75) feet, a minimum of twelve (12) trees per one hundred (100) linear
feet (not including drives or other access points), and on all other
buffers, a minimum of nine (9) trees per one hundred (100) linear
feet, according to the following schedule:
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Caliper Inches at Planting
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# out of 12 required per 100 feet
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# out of 9 required per 100 feet
|
|
3 inches
|
8
|
6
|
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4 inches
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4
|
3
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(2)
The Planning Director is authorized to waive planting
requirements in areas within thirty (30) feet of signs and utility
poles.
(3)
Small trees and shrubs shall be planted where there
is no existing understory plant material within the roadway buffer.
Such materials shall be provided in a quantity sufficient to produce
a natural screen when combined with trees and existing vegetation
in the roadway buffer.
(4)
For the purpose of meeting this section, healthy
existing trees, other than Celtis Occidentalis (Hackberry), Juniperus
Virginiana (Eastern Red Cedar), Melia Azedarach (Chinaberry), and
Juniperus Ashei (Common Cedar) with a caliper of less than twelve
(12) inches may be used to fulfill the requirements of subsection 5.1.1.B.1(ii)(1) on a tree-for-tree basis.
However, preserved trees shall be calculated based on the rates in Table 4.4-1: Tree Preservation & Mitigation
Credit Schedule for the purpose of calculating the site's overall
mitigation requirements.
(iii)
Land within the roadway buffer shall be unpaved
and undeveloped except for landscaping, paved access drives, sidewalks,
paths, and underground utilities. Except for the clearing necessary
to provide utilities, sidewalks, paths, or access drives, no clearing
of trees shall be permitted within the roadway buffer.
2.
Incompatible use buffers. All lots, or parts of lots, with one
or more non-residential use or Mixed-Use and whose side or rear lot
lines abut a single-family residential district or use not separated
by a public or private street or roadway shall be screened from such
residential district or use by a landscaped buffer strip consisting
of the following:
(ii)
Landscape Buffer Strips a minimum of twenty-five (25) feet in
width;
(1)
If the nearest non-residential building is less
than twenty-four (24) feet in height, a row of Large Trees with thirty
(30) feet of spacing (measured from the center of the trunk or approximate
center of a multi-trunk tree); or
(2)
If the nearest non-residential building is twenty-four
(24) feet in height or greater, two (2) rows of Large Trees with thirty
(30) feet of spacing (measured from the center of the trunk or approximate
center of a multi-trunk tree) arranged in an alternating fashion (see
Figure 5.1.1-1: Incompatible Use Buffer).
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Figure 5.1.1-1: Incompatible Use Buffer
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3.
Parking lot landscaping. Parking lot landscaping is required
within the area within the parking lot boundaries. Sidewalks and designated
loading or unloading areas for service vehicles shall not be considered
part of the parking lot.
(i)
Parking lot shading.
(1)
The requirements of this subsection 5.1.1B.3(i) apply to any parking lot with
more than five (5) spaces, regardless of zoning district.
(2)
Shading shall be required for parking lots subject
to this section. Canopy trees shall be provided to shade a minimum
of twenty-five (25) percent of the parking lot or vehicular use area.
The shade area provided by each tree shall be based on the area that
the tree's mature canopy will encompass, as indicated in the Tree
Canopy List in the Environmental Criteria Manual. Tree types not listed
may be considered but shall be accompanied by a calculation of mature
canopy area prepared by a registered landscape architect based on
standard landscaping references. The shade area provided shall be
calculated at 100% for preserved trees and 75% for newly planted trees.
(3)
Existing trees preserved in an island or walkway
buffer (see subsections 3.4.2E.4 and
E.0) may be credited toward new plantings required under this subsection 5.1.1B.3(i) and shall be calculated at one
hundred (100) percent of the required shade coverage.
(4)
Newly planted trees shall be a minimum of three
(3) inches caliper and calculated at seventy-five (75) percent of
the shade coverage.
(5)
No protected tree shall be located in a well deeper
than four (4) feet, or on a pedestal higher than four (4) feet, from
the surrounding parking area.
(6)
Where grade changes exceed ten percent (10%), parking
lots shall be stepped to accommodate the preservation of existing
interior trees in accordance with this paragraph.
(ii)
Landscape islands. The location of landscape islands, medians,
and peninsulas is subject to the following requirements:
(1)
No parking space shall be located further than
fifty (50) feet from a tree within a landscape island, median, or
peninsula.
(2)
The Planning Director may permit an exception to
the fifty (50) foot rule in subsection 5.1.1.B.3(ii)(1) for the purpose of clustering new or existing trees, as long as
the clustering does not result in more than twenty-five percent (25%)
of proposed parking spaces being further than fifty (50) feet from
a tree.
(3)
A request that affects more than twenty-five percent
(25%) of parking spaces must be approved by City Council.
(4)
Landscape islands, medians, and peninsulas shall
be protected with concrete curbs or with concrete, or stone.
(iii)
Parking lot screening.
(1)
All parking areas adjacent to roadways, all off-street
loading areas and off-street parking areas containing three or more
parking spaces shall have effective buffering from the street view
and from adjacent properties.
(2)
Landscape buffers or landscaped berms at least
three feet (3') in height shall be appropriate for screening these
areas.
(3)
Vegetation selected for the three-foot (3') height
screen shall be of the evergreen plant species, and they shall be
spaced and massed so as to provide a solid screen within two (2) years,
or two (2) growing seasons, from the planting date. Plantings should
include a variety of plant species with low maintenance requirements,
selected from the plant materials listed in the Preferred Tree List
in ECM. A combination of shrub and tree plantings is preferred; but
in any case, a minimum of one (1) tree of a minimum four-inch (4")
and a minimum of eight feet (8') in height., and ten (10) shurbs of
a minimum of five (5) gallon size, are required for each thirty feet
(30').
(4)
Ground cover should be planted on landscaped berms
with appropriate plant container size and spacing that will provide
full coverage within one (1) year of installation in order to prevent
erosion. Berms shall be designed to transition to existing grades
and shall not exceed a slope of 3:1, as a slope greater than this
is generally difficult to mow and maintain.
4.
Site landscaping. All areas not included in a Roadway Buffer,
Incompatible Use Buffer, or Parking Lot are subject to the landscaping
requirements of this subsection 5.1.1.B.4.
(i)
) Building perimeter.
Landscaping shall be provided
along the entire building perimeter except for areas directly abutting
a door, loading bays, or garage bays. The width of the strip shall
be measured according to the following schedule:
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Zoning District
|
Perimeter Strip Min Depth
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Additional Requirements
|
|---|---|---|
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Regional Commercial (CR)
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15 feet
|
Includes outdoor storage areas
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|
Public (P)
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10 feet
|
—
|
|
R-4
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5 feet
|
—
|
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R-5
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5 feet for buildings up to 100 units and 1 additional foot per
50 additional units*
|
—
|
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Neighborhood Mixed-Use (MU-N)
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5 feet*
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Includes outdoor patios
|
|
Community Mixed-Use (MU-C)
|
Buildings 50,000 sf or less: 5 feet*
Buildings greater than 50,000 sf: 1 additional foot per 10,000
sf*
|
Includes outdoor patios
|
|
Town Center Mixed-Use (MU-TC)
|
Buildings 50,000 sf or less: 5 feet*
Buildings greater than 50,000 sf: 1 additional foot per 10,000
sf*
|
Includes outdoor patios
|
|
*
|
Buildings built to the sidewalk must provide buffer between
sidewalk and street curb
|
(1)
Calculation of plantings.
(a)
One (1) tree of two (2) inches caliper or greater
is required for each 1,000 square feet of perimeter strip area of
5 feet or greater.
(b)
One (1) shrub is required for each thirty (30)
square feet of perimeter strip area.
(c)
All areas not covered in plants shall consist of
sod, mulch, river rock, or other ground cover to prevent erosion and
weed penetration.
(2)
Alternative compliance. The Planning Director may
approve an Alternative Compliance Plan if it is submitted with the
required Landscaping Plan and conforms to the provisions below:
(a)
The landscape strip may vary in depth so that certain
sections of the strip fall below the minimum depth required, if the
applicant demonstrates on the landscape plan that the total area provided
is not less than the minimum required if the minimum depth was uniformly
provided.
(b)
Up to fifty percent (50%) of the required perimeter
strip area and plantings may be provided in the form of additional
parking lot landscape islands.
(c)
Up to one hundred percent (100%) of the required
perimeter strip area may be provided abutting a detention or retention
pond on the same or abutting property, under the following circumstances:
1.
The pond is integrated into the landscape and site
design;
2.
The minimum number of plantings required in the
landscape strip area are provided within fifty (50) feet of the pond;
3.
The area abutting the pond includes, at the time
a Certificate of Occupancy is issued, amenities such as walking paths
and benches with direct sidewalk access from all buildings in the
development; and
4.
The pond, plantings, and amenities are reserved
as an easement on a recorded Final Plat.
(3)
In the case that a side of a building is not viewable from a roadway,
access easement, or adjacent building/use, the Planning Director may
waive the requirements of this section.
|
(ii)
|
Retention and detention ponds.
|
|
(1)
|
All retention and detention ponds shall have effective buffering
from the street view and from adjacent properties. Screening shall
be provided in the same manner as for parking areas. See Section 5.1.1.B.3(iii).
|
|
(2)
|
Stormwater detention areas should be designed as free form shapes
to blend with the natural landscape and use natural rocks and boulders
with spillways of natural rock to create visual appeal.
|
|
(3)
|
Detention ponds shall not be allowed within a required buffer
zone or setback unless a waiver is granted at Site Plan.
|
C.
Single-family residential landscaping. Landscaping shall be required
according to the following sections for all Single-Family Residential
(Single-Family Detached, Duplex, and Townhome) uses:
|
Section C.1
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Roadway Buffers
|
|
Section C.1(iii) [C.2]
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Common Area Landscaping
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Section C.3
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Site Landscaping
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1.
Roadway buffers. All uses within the R-1, R-2, R-3, R-4 and
R-5 districts and PDDs with one of the preceding base zoning districts
shall comply with the following landscaping requirements:
(i)
Landscaping shall be provided adjacent to all streets as follows.
(1)
Adjacent to Bee Cave Parkway, F.M. 2244, State
Highway 71, Hamilton Pool Road, and F.M. 620: Seventy-Five (75) feet.
(2)
Adjacent to Arterial Streets not listed in (1)
above: Twenty-Five (25) feet.
(3)
Collector Streets: Ten (10) feet.
(4)
Local Street: No buffer is required except where
a common area abuts a Local Street, in which case the minimum required
buffer is ten (10) feet.
(ii)
Landscaping within roadway buffers shall consist of the following:
(1)
75 foot buffer depth or more: Twelve (12) trees
per one hundred (100) linear feet;
(2)
More than 25 foot but less than 75 foot depth:
Eight (8) trees per one hundred (100) linear feet;
(3)
25 foot to 10 foot buffer depth: Four (4) trees
per one hundred (100) linear feet;
(4)
Less than 10 foot buffer depth: Three (3) trees
per one hundred (100) linear feet.
|
Caliper Inches at Planting
|
# out of 12 required per 100 feet
|
# out of 8 required per 100 feet
|
# out of 4 required per 100 feet
|
# out of 3 required per 100 feet
|
|
3 inches
|
8
|
6
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3
|
2
|
|
4 inches
|
4
|
2
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1
|
1
|
(a)
Small trees and shrubs shall be planted where there
is no existing understory plant material within the roadway buffer.
Such materials shall be provided in a quantity sufficient to produce
a natural screen when combined with trees and existing vegetation
in the roadway buffer.
(b)
Healthy existing trees, other than Celtis Occidentalis
(Hackberry), Juniperus Virginiana and Juniperus Ashei (Common Cedar)
with a caliper of less than twelve (12) inches, may be used to fulfill
the requirements of this subsection on a one-for-one basis.
(iii)
Land within the roadway buffer shall be unpaved
and undeveloped except for landscaping, paved access drives, sidewalks,
paths, and underground utilities. Except for the clearing necessary
to provide utilities, sidewalks, paths, or access drives, no clearing
of trees shall be permitted within the roadway buffer.
2.
Common area landscaping. Subdivisions containing common areas
such as pools, walking paths, parks, detention ponds, and other amenities
shall provide landscaping for such amenities by the Subdivider; however,
any such landscaping provided is subject to the tree maintenance requirements
of subsection A.5 above and the tree preservation requirements of Section 6.3.1 [6.1].
3.
Site landscaping.
(i)
Each Detached Single-Family Residential lot shall provide a
total of three (3) trees, at least one of which shall be a Large Tree,
for each acre of lot area.
(ii)
Each Duplex lot shall provide two (2) trees per unit, at least
one (1) of which shall be a Large Tree.
(iii)
Trees may be placed at the discretion of the
Subdivider or builder; however, at least one tree is required in the
front yard of each lot or unit.
(iv)
All areas of a residential lot not covered by buildings, driveways,
walkways, decks, patios, pools or other accessory structures, trees,
or landscape plantings, shall consist of sod, mulch, river rock, or
other natural ground cover to prevent erosion and weed penetration.
Multiple building landscaping requirements. If more than one
building is placed upon a single lot, the following areas shall be
landscaped:
(1)
A twenty (20) foot deep strip along the front or
rear of the buildings as measured from the foundation.
(2)
A ten (10) foot deep strip along all other sides
of the buildings as measured from the foundation.
(3)
All areas not covered in plants shall consist of
sod, mulch, river rock, or other ground cover to prevent erosion and
weed penetration.
(4)
Areas for driveways shall be exempt from this requirement.
(5)
Within the areas listed above, at least one (1)
shrub shall be planted per fifty (50) square feet and one (1) small
tree per two hundred fifty (250) square feet.
D.
Retaining walls.
1.
Unless an alternate design is approved by the City Engineer, when property within or directly adjacent to a subdivision contains changes in elevation exceeding two and one-half feet (2.5') or the slope exceeds one unit vertical in three units horizontal, or both, a Retaining Wall shall be required at the locations specified herein prior to the acceptance of the Subdivision (see subsection 2.4.5):
(i)
The grade change roughly follows a side or rear lot line;
(ii)
The grade change is adjacent to a proposed building site boundary;
(iii)
The grade change is adjacent to a watercourse
or drainage easement;
(iv)
The grade change is adjacent to a public or private road or
shared driveway; or
(v)
Where required by the City's Technical Manual.
2.
Retaining Wall construction shall be in compliance with the
provisions of the Building Code and the Criteria Manual.
3.
Retaining Walls four (4) feet in height or greater require a
Subdivision Construction Permit, Site Permit, or Building Permit,
as applicable at the time of construction, and approval by the City
Engineer.
4.
A Retaining Wall shall be maintained by the owner of the property
where the Retaining Wall is located. If a Retaining Wall crosses one
or more properties, it shall be maintained by a Property Owners' Association
and placed within a retaining wall easement, see Section 2.5.13(I),
or common lot with sufficient width to provide access to the Retaining
Wall.
(i)
A retaining wall easement is required for any retaining wall
within five feet (5') of a property line.
(ii)
Retaining walls shall not straddle property lines unless approved
by the City Engineer.
(iii)
The City will not assume maintenance responsibility
for a retaining wall outside of City property or right-of-way.
5.
A Retaining Wall shall not be constructed parallel to or within
any portion of a utility easement unless otherwise approved by the
City Engineer pursuant to the parameters established in the Criteria
Manuals.
6.
Hillside wall standards.
(i)
For each eight (8) feet of vertical height, four (4) feet of
horizontal offset (a stairstep design approach) shall be provided
with native, drought-tolerant landscaping consisting of one (1) shrub
per thirty-two (32) square feet of horizontal surface within the offset
area and one Small Tree per five hundred (500) square feet;
(ii)
Walls shall conform to the topography of the site; and
(iii)
Walls shall incorporate the use of native materials
and earth-tone colors to blend with natural surroundings.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023; Ordinance 534 adopted 5/28/2024)
A.
Requirements applicable to all districts.
1.
Fences and walls in front yards.
(i)
Opaque fences or walls are prohibited within a required front yard unless otherwise specified in this Section 5.1.2.
|
Table 4.4-3: Required Fence or Screen by Abutting Use
| ||||
|---|---|---|---|---|
|
Developer obligated to install fence type abutting use
or zoning district
| ||||
|
Nonresidential
|
Multifamily
|
Single-Family
|
Right-of-Way
| |
|
Nonresidential
|
None allowed
Except where needed for safety or compatibility
|
Type 1
|
Type 1
|
None
|
|
Multifamily (3+ units)
|
Type 1
|
Type 2 or Type 3
|
Type 1
|
Type 2
|
|
Single-Family
|
Type 1
|
Type 1
|
Type 3
|
Type 1 (Collector or higher)
Type 2 or Type 3 (Local)
|
(ii)
Fences or walls within a required front yard shall not exceed
four (4) feet in height, except in the AG or P districts.
2.
Fences and walls in rear and side yards.
(i)
Fences and walls in rear and side yards shall be placed on a
property line with the exception of fences within a common area or
maintenance easement (see Subsection C below).
(ii)
No fence or wall in a rear or side yard may exceed eight (8)
feet in height or utilize any hazardous device such as barbed wire
or electrification, except in the AG or P districts.
3.
All fences and screening walls shall be maintained by the owner
of the property in a structurally-sound condition through regular
staining, sealing, shoring, tuck pointing, and replacement of rotten,
missing, or sagging members, pickets, panels, stringers, posts, or
other component of the fence or wall.
4.
Detention and retention ponds that are fenced must employ wrought
iron or a living screen or a combination.
5.
Fence and screening wall types.
(i)
Type 1: Full masonry 6-8 feet (brick, stone, stamped concrete).
(ii)
Type 2: Partial masonry (up to 30%) with metal (wrought iron,
tubular steel, or equivalent - aluminum alternative if maintained
by HOA).
(iii)
Type 3: Stained or painted cedar board with rustproof
metal posts with top caps, or rustproofed and powder coated, or rustproofed
and powder coated tubular steel; or masonry; or a combination of each
with a maximum 25% transparency, if approved by the City Engineer.
(iv)
Type 4: Temporary fencing for construction site/security may
be permitted by the Building Official in accordance with Section 108
of the IBC. Signage on or attached to temporary fencing is prohibited,
see UDC 4.2.1.D.
6.
When differing land uses or zoning districts abut, fences or
walls shall be installed as indicated in Table 4.4-3.
7.
Undeveloped property may be fences with Type 1, 2, or 3 fencing,
or fencing may consist of wooden or steel posts with nonbarbed wire
or metal lattice. Posts shall not be painted or coated in garish or
harsh color tones.
8.
A permit shall be obtained from the City prior to construction
of any fence or screening wall.
9.
Screening of mechanical equipment.
(i)
Mechanical equipment shall be screened from adjacent properties,
from residential uses (including those within the same property),
and any public or private right-of-way based on a view of the same
building elevation measured from at least six (6) feet above the surface
of the street or highest grade within the right-of-way.
(ii)
Roof-mounted mechanical equipment shall be screened with a parapet
wall that matches the face of the building or a screening wall that
complements the color of the building. A screening wall may only be
utilized if it is set back at least six (6) feet from the edge of
the roof.
(iii)
Ground-mounted mechanical equipment, including,
but not limited to, condenser units and electrical and gas meters,
shall be screened by a wall section that matches the face of the building
or by a living screen of hedges that achieves a sufficient height
to fully screen all mechanical equipment placed on the ground or mounted
to the building face, within three growing seasons.
(iv)
All cables, wires, utility lines, piping, drains, or other similar
components shall be placed interior to the building or camouflaged
using paint or material that matches the building face. All other
mechanical equipment not listed above, fuel storage, materials storage,
ground-mounted satellite dishes and antennae, service or delivery
areas, and solid waste container areas shall be screened from the
street by an appropriate vegetative screen or masonry wall, except
to the extent needed to provide access.
B.
Nonresidential and mixed-use screening.
1.
Screening of residential properties.
(i)
A Type 1 fence or screening wall is required between residential
(AG, R-1, R-2, R-3, R-4, R-5, and PDDs with underlying residential
uses) and nonresidential uses (MU-N, MU-C, MU-TC, CR, P, and PDDs
with underlying nonresidential uses).
(ii)
All lots, or parts of lots, with one or more nonresidential
use and whose side or rear lot lines are adjacent to a residential
district or use and not separated by a public or private street or
roadway, shall be screened from such residential district or use a
Type 1 fence or screening wall.
(iii)
A Type 1 fence or screening wall, including applicable
footings, shall be placed entirely upon the lot wherein the nonresidential
use is located and be adjacent to the buffer strip required in Section 5.1.1.B.2.
(iv)
Maintenance responsibility of such wall shall be borne by the
nonresidential property owner.
2.
Screening of outdoor storage.
(i)
Outdoor storage shall be placed behind the building with which
it is associated, if present, and screened from any public or private
right-of-way and all adjacent properties by a Type 1 fence or screening
wall extending at least six (6) feet above the nearest paved surface,
unless such requirement is modified by a Specific Use Permit (SUP).
(ii)
No outdoor storage shall extend higher than the top of the Type
1 fence or screening wall, or six (6) feet if no fence or screening
wall is present.
C.
Residential fencing and screening.
1.
Low-density residential subdivision fencing requirements (detached
single-family, duplex, and townhome developments in R-1, R-2, and
R-3 districts).
(i)
All property lines or subdivision boundaries that abut a Nonresidential
or Mixed-Use district or a street classified as a Collector or higher
shall provide a screening wall to a height of at least six (6) feet
from the grade of the property line consistent with Table 4.4-3.
(ii)
Screening walls that abut a street classified as a Collector
or higher and are longer than 500 feet shall provide wall insets every
150 feet, with posts or panels separated by three (3) to six (6) feet
and enclosed with a section of wrought iron fencing and a hedge or
other plant material growing to a mature height of at least five (5)
feet.
(iii)
Screening walls required in this Subsection 1 or screening walls that provide screening
for two (2) or more lots shall be placed within a separate lot or
wall maintenance easement measuring at least ten (10) feet in width
at the narrowest point and shall be conferred to the ownership or
benefit of an HOA or special district and maintained by the HOA or
special district.
2.
Low-density residential private fencing requirements (detached
single-family, duplex, and townhome developments in R-1, R-2, and
R-3 districts).
(i)
Interior residential fences and front-facing fences shall be
constructed from stained or painted cedar with rustproofed metal posts
with top caps; or rustproofed and powder-coated wrought iron; or rustproofed
and powder-coated tubular steel; or masonry; or a combination if approved
by the City Engineer.
(ii)
Side and rear yard residential fences that face a public or
private street of a Local classification or an open space area such
as a pond or path shall be Type 3, with the exception of cedar fencing,
and a combination with living screens shall not be permitted.
(iii)
The property owner may grow a living wall consisting
of hedges, vines, or other plant material if it does not damage the
fence.
(iv)
Side and rear yard fences that face a street classified as a
Collector or higher shall be Type 3 and may include a cedar fence,
provided the fence does not impede access to the interior face of
a subdivision screening wall.
3.
High-density residential fencing (3 units or more).
(i)
Perimeter fencing shall be Type 2 with a minimum height of four
(4) feet and a maximum height of six (6) feet along property lines
abutting public and private streets and a Type 1 wall a minimum of
six (6) feet in height along all interior property lines.
4.
Alternative compliance.
(i)
Use of wooden fence in high-density residential development.
(1)
The developer may substitute a stained or painted
board-on-board cedar fence with rustproof metal posts and top caps
of the same height along interior lot lines shared with another high-density
residential development.
(2)
The developer may substitute a board-on-board cedar
fence with rustproof metal posts and top caps of the same height along
lot lines shared with a low-density residential development or nonresidential
or mixed-use development if a double row of large trees is also provided
with spacing between thirty (30) and fifty (50) feet along the entire
section of the cedar fence.
(ii)
Use of wrought iron fencing adjacent to shared open space. A
developer may provide a wrought iron fence with vegetative screening
that achieves full opacity and grows to a height of six (6) to eight
(8) feet within three (3) years along an open space shared with a
Low-Density Residential development in lieu of a Masonry wall.
(iii)
Alternate screening plan. The Planning Director
may approve an alternate screening plan for any residential development
such as a landscaped berm or open space buffer, steep slope, or creek,
if the plan meets the intentions of this subsection C. Residential Fencing and Screening and
preserves or minimizes impacts to natural landscapes, habitat areas,
steep slopes, or other areas of environmental sensitivity or viewsheds
to such areas.
D.
Retention and detention pond fencing. Fencing of retention or detention
ponds is limited to masonry wall, tubular steel, or wrought iron,
no more than six (6) feet in height.
(Ordinance 475 adopted 6/28/22; Ordinance
522 adopted 11/14/2023)
1.
General provisions.
(i)
Unless otherwise proscribed within this Article, the City Council may approve a waiver to one or more provisions of Articles 5 if it makes an affirmative finding with regard to the following:
(1)
That undue hardships will result from strict compliance with
one or more provisions of this Article;
(2)
That the purposes of these regulations may be served to a greater
extent by an alternative proposal;
(3)
The waiver does not have the effect of nullifying the intent
and the purpose of the applicable regulations;
(4)
Granting the waiver will not be detrimental to the public safety,
health or welfare, and will not be injurious to other property or
to the owners of other property, and the waiver will not prevent the
orderly development or use of other property in the vicinity;
(5)
The conditions upon which the request for a waiver is based
are unique to the property for which the waiver is sought, and are
not applicable generally to other property;
(6)
Because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the property owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations is carried out; and
(7)
An alternate design will generally achieve the same result or
intent as the standards and regulations prescribed.
(ii)
Such findings of the City Council, together with the specific
facts upon which such findings are based, shall be incorporated into
the official minutes of the City Council meeting at which a waiver
is considered.
2.
Conditions. In approving a waiver, the City Council may require such conditions which, in its judgment, secure substantially the purpose described the applicable Section of Article 5.
3.
Procedures.
(i)
The applicant must submit a petition for a waiver in writing
by the applicant with the Site Plan or development application. If
the applicant does not submit a petition in writing, the associated
application will not be considered complete (see section 1.4.2.E Application Considered Complete).
(ii)
The petition shall state fully the grounds for the application
and the facts relied upon by the petitioner.
(iii)
Where a hardship is identified pursuant to this section which requires issuance of a waiver from a provision in this Article, the Planning and Zoning Commission may, in its consideration of an associated Site Plan or other development application it is required to consider, recommend to the City Council a waiver from the provision in this Article 5.
(iv)
The City Council may grant final approval to a waiver from a
provision of this Article provided that no new information or reasonable
alternative plan exists which, at the determination of the City Council,
voids the need for a waiver.
(v)
The City Council's decision is final.
(Ordinance 522 adopted 11/14/2023)
