It is the intent of this chapter to do the following:
(1)
Establish
requirements for the installation and maintenance of landscaping and
buffering elements and other means of site improvement on new development
as defined herein, which includes redevelopment of certain previously-developed
property in certain instances, in order to enhance the community's
ecological, environmental and aesthetic qualities;
(2)
Reduce
the negative effects of increases in air temperatures, glare, noise,
erosion, flooding, and sedimentation caused by expanses of impervious
and non-vegetated surfaces within the urban environment;
(3)
Preserve
and improve the natural urban environment by recognizing that the
use of landscaping elements can contribute to the process of air purification;
oxygen regeneration; ground water recharge; storm water runoff retardation;
and the abatement of noise, glare and heat;
(4)
Safeguard
and enhance property values and protect public and private investment
by encouraging quality new development and re-development within the
city;
(5)
Provide
elements for visual buffering between zoning districts of different
character and private uses and public spaces in order to mitigate
the effects of potential nuisances such as dirt, litter, noise, heat,
and glare of lights; and to provide spacing between different uses
that are considered incompatible;
(6)
Preserve,
protect and enhance the ecological and aesthetic qualities of the
city;
(7)
Improve
the quality of life for residential and corporate citizens;
(8)
Improve
the visual appearance of the city;
(9)
Allow
for flexibility and encourage innovation and variety in landscape
design within the city; and
(10)
Encourage
the preservation of existing trees, promote the use of native and
other drought-resistant plant species, encourage water conservation
principles, and encourage the use of perennial color.
[Ord. No. 1109-08, § 1, 3-11-2008]
The definitions used in chapter 90 of this Code shall apply to this chapter, except to the extent that a different definition is provided herein. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means to share a common boundary line or point.
means to share a common boundary line or point or to be separated
only by a public easement, right-of-way, alley or street of no more
than 40 feet in width.
means an earth form mound with a gently sloping side that
does not exceed one foot of elevation rise to three feet of horizontal
distance.
means a zone of green space intended to provide a measure
of separation between uses.
means the average diameter measurement of the trunk of a
tree. Caliper is to be measured at six inches above grade when a caliper
of four inches or smaller is required, at 12 inches above grade when
a caliper between four inches and 12 inches is required, and measured
at 4½ feet when a caliper larger than 12 inches is required.
means a tree identified as a canopy tree in the list of approved
or desirable plants contained in Exhibit A to this chapter.
means a person holding a certification as a either a Texas
Certified Nursery Professional or a Texas Master Certified Nursery
Professional from the Texas Nursery and Landscape Association.
means a continuous vertical element with a minimum of five
(5) inches in total height above the surface of a street or roadway
abutting the property, and structurally capable of stopping a vehicle's
wheel.
means a plant species determined to be long-living, indigenous
to this area, drought tolerant, not prone to disease, pests, or other
maintenance concerns, and shall include only those plants identified
in the list of approved or desirable plants contained in Exhibit A
to this chapter.
means the physical alteration of land by humans. This includes
one or more of any of the following: subdivision of land; construction
or alteration of structures, streets, walkways, utilities or other
facilities; installation of septic systems; grading; deposit of refuse,
debris, or fill materials; or clearing of natural vegetation cover
unless the sole purpose is to permit agricultural activities. Development
does not include routine repair and maintenance activities or the
construction of fences solely for the purpose of enclosing livestock
permitted by this chapter and other applicable city ordinances.
means a system of emitters designed to deliver irrigation
water to the root zone of plant material without broadcasting over
the top of the plant material.
means any use listed as a permitted use (with or without
a special use permit) under the category or section defined or identified
as "educational uses" in the land use table contained in section 90-201
of this Code.
means a tree that exists on a site prior to development.
means any construction activity that results in an increase
in the floor or roof area of the structures on a property.
means the individual charged with administering this chapter,
as designated by the city manager.
means a person holding a valid and current license as a landscape
architect from the State of Texas.
means an approved shrub which generally is expected to grow
no more than 36 inches in height, identified as a low-growing shrub
in the list of approved or desirable plants contained in Exhibit A
to this chapter.
shall have the meaning contained in section 90-4, provided,
however, that when used in this chapter in regard to screening walls,
engineered decorative concrete panel construction shall also be permitted.
means plant materials as listed in the current issue of the
Texas Native Tree and Plant Directory produced by the Texas Department
of Agriculture.
means any of the following:
When an existing building is remodeled, altered, or expanded,
and the value of the construction (excluding the requirements of this
chapter) exceeds 75 percent of the current appraised value of the
existing structures, excluding the value of the land, as determined
by the chief building official or the chief building official's designee;
or
When the total area of the building or buildings on the property
are increased in size by 25 percent or greater; or
When buildings are constructed upon currently undeveloped property;
or
When the primary or main building on a property is demolished
and a new buildings constructed; or
When compliance is made a requirement for approval of a special
use permit (SUP) or planned unit development (PUD).
means a tree identified as an ornamental tree in the list
of approved or desirable plants contained in Exhibit A to this chapter.
means any use listed as a permitted use under the category
or section defined or identified as "public, civic and utility uses"
in the land use table contained in section 90-201, except "parks,
playgrounds/playfields."
shall have the meaning contained in section 90-4.
shall have the meaning contained in section 90-4.
means an approved shrub which generally is expected to grow
more than 36 inches in height, identified as a tall shrub in the list
of approved or desirable plants contained in Exhibit A to this chapter.
means a plant species prone to disease, pests, or other maintenance
concerns, and shall include all plants listed in Exhibit B, attached
as an appendix to this chapter.
[Ord. No. 1109-08, § 1, 3-11-2008]
The provisions of this chapter shall apply in all zoning districts
throughout the city to all new development, but not to existing development
except as otherwise expressly provided herein.
[Ord. No. 1109-08, § 1, 3-11-2008]
These requirements shall not apply to property development the
purpose of which is to restore existing structures that have been
damaged by fire, explosion, flood, tornado, riot, or other sudden
casualty or calamity of any kind, provided the property owner first
obtains a permit allowing such restoration as provided in this chapter,
and further provided that such construction is commenced within 12
months after the date of such casualty or calamity, and completed
within 18 months.
[Ord. No. 1109-08, § 1, 3-11-2008]
The standards and requirements contained in this chapter are
considered minimum standards and requirements.
[Ord. No. 1109-08, § 1, 3-11-2008]
The graphic depictions and illustrations attached as Exhibit
C to this chapter are for illustrative and interpretative purposes
only. To the extent, if any, that such graphic depictions and illustrations
conflict with any of the written provisions of this chapter, the written
provisions shall control.
[Ord. No. 1109-08, § 1, 3-11-2008]
