STATE OF
CITY OF
AN ORDINANCE APPROVING
AND ADOPTING A SET OF LANDSCAPE REGULATIONS IN CERTAIN AREAS IN THE CITY OF
CONVERSE, REQUIRING LANDSCAPING PLAN APPROVAL, PROVIDING FOR VARIANCES AND
ENFORCEMENT AND PROVIDING PENALTIES FOR VIOLATION.
WHEREAS, the City of
WHEREAS, the City is experiencing growth in commercial
and industrial areas that is
Utilizing green space for buildings, parking lots and
other purposes; and
WHEREAS, the City Council and Planning and Zoning
Commission desire to create an attractive community for future generations to
enjoy, without placing an unreasonable cost upon local developers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of
1. Purpose
of Regulations
(a) For the
purpose of providing for the health, safety and general welfare of the
community, it is deemed necessary to establish requirements for the
installation and maintenance of landscaping elements and other means of site
improvements in off-street parking areas and other developed properties.
(b) The regulations contained herein are necessary to
enhance the community’s ecological, environmental and aesthetic qualities.
(c) Landscape installation shall be required within
off-street paved surface areas to regenerate oxygen and to reduce heat, glare,
water runoff and other conditions connected with the construction of structures
or paved areas within the parcel.
2. Definitions
(a) For the
purpose of the administration and enforcement of this ordinance and, unless
otherwise stated in this ordinance, the following words shall have a meaning as
indicated herein; words used in the present tense shall include the future
tense; words used in the singular number shall include the plural number, and
words used in the plural number shall include singular numbers; and the word
“shall” is mandatory not directory.
(a) Accessway: A paved area intended to provide ingress and
egress of vehicular traffic from a public right-of-way to an off-street parking
area or loading area.
(b) Buffer: A visual screen constructed of wood, masonry
or landscape material in such a manner that adjacent property will be screened
from the use contemplated so noise, solid waste or other objectionable
influences will be avoided. Such buffer
shall be a standard of six
(6) feet in height, except where extraordinary circumstances
exist where additional height will more adequately accomplish the desired end.
(c) Caliper: Diameter at breast height (DBH).
(d) Contiguous: For the purpose of this ordinance,
contiguous is defined as adjacent property whose property lines are shared or
are separated by only a street, alley, easement or right-of-way.
(e) Developed
area: That portion of a plot or parcel upon which a building, structure,
pavement or other improvements have been placed.
(f) Frontage:
Lineal distance measured along all abutting streets Rights-of-way.
(g) Ground
cover: Low growing plants planted in such a manner as to form a continuous
cover over the ground, such as liriope, low growing varieties of honeysuckle,
English ivy or others.
(h) Landscape
development: Trees, shrubs, ground cover, vines or grass installed in planting
areas for the purpose of fulfilling the requirements of this ordinance.
(i) Paved
ground surface area (also referred to in
this ordinance as paved area or paved ground area): Any paved ground surface
area (excepting public right-of-way) used for the purpose of driving, parking,
storing or displaying of vehicles) boats, trailers and mobile homes, including
new and used car lots and other open lot uses.
Parking structures, covered drive-in parking areas to the drip line of
the covering or garages, shall not be considered as paved ground surface areas.
(j) Planting
area: Any area designed for landscape planting having a minimum of ten (10) square feet
of actual plantable area and a minimum inside dimension on any side of eighteen
(18) inches.
(k) Reconstruction: Rehabilitation or replacement of a structure
or structures which either have been damaged, altered or removed or which are
proposed to be altered or removed to an extent exceeding fifty (50) per cent of the replacement cost
of said structure or structures at the time of said damage, alteration or
removal.
(1) Shrub: Any self-supporting woody evergreen or
similar species.
(m) Street
line: That line limiting the right-of-way of the street and being identical
with the property line of persons owning property fronting on the streets.
(n) Tree: Any self-supporting woody plant species,
which normally grows to an overall minimum height of fifteen (15) feet.
(o) Vines: Any of a group of woody or herbaceous plants
which may cling by twining, by means of aerial rootlets or by means of
tendrils, or which may simply sprawl over
the ground or other plants.
3. Required
Landscape Installation
(a) A
minimum percentage of the total lot area of property on which development,
construction or reconstruction occurs after the effective date of this
ordinance shall be devoted to landscape development in accordance with the
following schedule; provided, however, that this requirement shall not apply to
the development, construction or reconstruction of single-family detached
residential structures.
Required Landscaping Schedule
Land Use Percent Landscaping Required
Townhouses 20
Duplexes, triplexes 20
Office and professional uses 15
Commercial 10
Industrial or manufacturing 10
On large tracts of land, of 10 acres or more,
exceptions to this ordinance may be granted to require a lesser amount of
landscaping, by the Planning and Zoning Commission if the aesthetic, buffering
and environmental intent of this ordinance is met, and it is not located along
rights-of-way or in strategic environmentally sensitive areas.
(b) The landscaping required
by this ordinance shall be placed upon that portion of a tract or lot that is
being developed. Seventy-five
(75) percent of the minimum amount of landscaping required by
this chapter shall be installed in between the front and/or side property lines
and the building being constructed. Undeveloped portions of a tract or lot
shall not be considered landscaped.
(c)
In addition to the requirements in sections a and b, any commercial or
industrial use which has a side or rear yard contiguous to any noncommercial or
nonindustrial use shall be buffered as defined herein. Where such commercial or industrial use will
side-up to or back up to the use for which the buffer is required, a fence a
standard of six (6) feet in height is required, except where the commercial or
industrial building is constructed on the property line. The screen shall be located no closer to the
street than the property line. Sight
obstructions of intersections shall not be allowed in constructing the buffer.
Prior to construction of buffers, as defined, complete
plans showing type of material, depth of beam, and structural support shall be
submitted to the building permit office for analysis to determine whether or
not:
(1) The screen will withstand the pressures of time
and nature.
(2) The screen adequately accomplishes the purpose for
which it was intended.
The Building Inspector shall determine if such buffer
meets the requirements of this section.
Upon approval by the Building Inspector of the plans, a permit will be
issued. The Building Inspector shall
inspect and approve of all buffer construction prior to issuance of a
Certificate of Occupancy.
4. Credit for Existing and New Trees
Whereas trees contribute greatly to the quality of the community’s
environment and aesthetic qualities, and whereas the extent of the above
positive contributions are a function of the size of the tree rather than of
the planting area in which the tree is planted; therefore, in recognition of
the contributions made by trees to the objectives of this ordinance, credit
shall be given for each tree in accord with the schedule which follows:
(a) Existing trees and
trees, which are newly planted, shall receive credit against the landscaping
area requirements according to the following schedule:
Large trees:
Greater than twelve-inch
caliper: Two
hundred (200) square feet per tree.
Greater than six-inch but less than
twelve-inch caliper: One hundred (100) square feet per tree.
Medium trees:
Greater than
three-inch, but less than six-inch caliper: Fifty (50) square feet per tree.
(b) In order to
encourage the preservation of trees that are already established and growing,
an additional credit of one hundred (100) square feet shall be given to healthy
existing trees of a species listed on the attached Exhibit A.
(c)
These credits shall apply where the ground surface within such preserved
planting areas shall be maintained in a porous or vegetative cover. Credit allowed for trees shall be in
addition to the actual square footage of planting area within which the tree is
located. Impervious or previous cover
shall not be considered a planting area and shall not receive credit unless
landscaping is installed in such area.
(d) Should a tree die or
be removed for which credit has been obtained pursuant to the terms of this
section, landscape development sufficient to equal the area credited shall be
required. A smaller tree that will have
a mature crown similar to the tree removed may be substituted if the planting
area or previous cover provided for the larger trees in paragraph A of this
section is retained.
5. Application
to New Development
(a) The
requirements and standards for the installation and maintenance of landscape
elements and site improvements as set forth herein shall apply to all new
development and construction of new structures.
(b) In
the event the zoning ordinance of the city would otherwise permit land
development that would conflict with this chapter, the provisions of this
ordinance shall supersede and prevail over such other requirements.
(c) In
the event that a principal use and some or all of the parking area serving the
principal use are located on separate parcels, the landscape installation
required herein shall prevail as to all the property with the result that an
equivalent percentage of the area of all parcels utilized by a principal use
shall be landscaped in compliance with the provisions of this ordinance.
6. Application
to Existing Development and Reconstruction
(a) All
property with existing development on the effective date of this ordinance which
is not in compliance with the provisions of this chapter shall be considered
nonconforming and allowed to continue until such time as a building permit is
granted to reconstruct or enlarge a structure on the property to an extent
exceeding fifty (50) per cent of the current replacement cost of the
structure. At such time the provisions
of this ordinance shall apply to the previous existing parcel areas as well as
any new paved areas, and said shall be brought into compliance. A plan showing existing and new development
and the proposed landscaping shall be submitted.
(b) No
structure existing on the effective date of this ordinance shall be required to
be altered or moved in order to comply with the provisions of this ordinance
except in the event of reconstruction.
7. General
Requirements
(a) Installation: All landscape materials shall be installed
according to Texas Association of Nurserymen, (TAN) standards.
(b) Maintenance:
The owner of the building, or the manager or agent of the owner, shall be
responsible for the maintenance of all landscape areas. Said areas shall be maintained so as to
present a healthy, neat and orderly appearance at all times and shall be kept
free of refuse and debris. All planted
areas shall be provided with a readily available water supply and watered
regularly to ensure continuous healthy growth and development. Maintenance shall include the replacement of
all dead plant material if that material was used to meet the requirements of
this ordinance.
(c) Planting criteria:
(1) Trees:
Trees planted for credit under this ordinance is a minimum of six (6) feet in
height when measured immediately after planting. Trees shall have an average mature crown
greater than fifteen (15) feet in
(2) Shrubs, vines and
ground cover: Shrubs, vines and ground cover planted pursuant to this ordinance
should be good, healthy nursery stock. Shrubs must be, at a minimum, a
one-gallon container size.
(3) Lawn grass: Grass areas should be planted in
species normally grown as permanent lawns in the
(4) Synthetic lawns or plants: Synthetic or
artificial lawns or plants shall not be used in lieu of plant requirements in
this section.
(5) Architectural planters: The use of architectural
planters may be permitted in fulfillment of landscape requirements.
(6) Other: Any
approved decorative aggregate or pervious brick pavers shall qualify for
landscaping credit if contained in planting areas, but no credit shall be given
for concrete or other impervious surfaces.
(d) Drainage: Drainage ways shall be maintained in their
natural state insofar as possible.
(e) Construction
phase.
(1) No paving with concrete, asphalt, or other
impervious material, within tree crown zone (drip line zone) of trees to be
preserved shall be allowed.
(2) Soil and other materials shall not be
temporarily or permanently stored in locations which would cause suffocation of
root systems of trees to be preserved.
(3) The permanent vegetation shall be installed
on the construction site as soon as utilities are in place and final grades are
achieved. Final grading and removal of vegetation shall not occur more than 30
days prior to scheduled paving.
(f) Removal of diseased or dangerous trees and vegetation:
(1) Upon direction from the City Manager or his
designated representative, property owners may be required to treat or remove
trees suffering from transmittable diseases or pests or allow the City to do
so, charging the actual cost thereof to the property owner.
(2) The City may require the removal of a tree
or part of a tree or any other vegetation that may be: (a) in danger of falling
and injuring persons or damaging property off the owner's property; (b) within or overhanging a public
right-of-way or easement; and/or (c) creating a traffic hazard or sight
distance hazard for traffic on a public street.
(3) The City may not require the removal of trees except for the reason of disease, infestation, danger of falling creation of a traffic hazard or the inability to properly and safely maintain public rights-of-way or easements.
(g) All landscape design and planting shall take into consideration the importance of water conservation. Water conservation practices which are encouraged include the following:
(1) Proper
irrigation design
(2) Selection of
plants that have a low-rate of water usage
(3) Preparation of
soil prior to planting to insure that it is
well percolated
8. Plan
Approval
(a) Appropriate
plans showing proposed landscape development, including figures to show
compliance with this ordinance shall be submitted to the planning department of
the city. A plot plan drawn to scale,
normally of not less than one inch equals thirty (30) feet, shall include
dimensions and distance and clearly delineate any existing and proposed
landscape development. Such plot plan
shall also include detailed drawings of the entire off-street parking area, the
location of proposed buildings, the name and location of proposed plant materials
and the location of water sources.
(b) This plan
shall be submitted by the owner of the property or the manager or agent of the
owner.
(c)This plan must be approved prior to the issuance of
a building permit, by the Planning and Zoning Commission and City Council, as
required by City zoning and ordinance # 254.
9. Exceptions
and Variances
The Planning and Zoning Commission and City Council
shall have the power to grant variances in special cases where the paved area
is less than ten thousand (10,000) square feet, and where there are unusual and
practical difficulties or unnecessary hardships created in meeting the
requirements of this ordinance. In cases where retention of natural or existing
trees in open space, setback, buffer areas or drainage ways would create
unusual hardship or unusual development problems, planted trees may be required
in lieu pf retention. The City Manager
or his designated representative shall advise the Zoning Commission when such
hardship or development problem exists.
The guidelines to be used in determining whether a variance should be
granted are as follows:
(a) That
meeting the requirements of this ordinance would prohibit an owner of property
from using land for a use that the zoning ordinance expressly permits.
(b) That
the hardships or difficulties of meeting the requirements of this ordinance are
peculiar to that property and not general in character.
(c) That
the lack of landscaping will not be detrimental to adjoining property or the
health, safety and welfare of the general public.
(d) That
the hardships and difficulties of the landscaping and/or buffering are greater
that the benefits derived by the general public.
Financial hardship due to meeting the requirements of
this ordinance is not alone sufficient to grant an exception.
10. Enforcement
(a) The
city manager or an official designated by the city manager shall be the
enforcing official. The enforcing
official is charged with the duty of administering the provisions of this
ordinance and
securing compliance therewith. In furtherance of this
responsibility, the enforcing official shall:
(1) Make
such inspections as may be necessary to effectuate the purposes and intent of
this ordinance, and to initiate appropriate action to bring about compliance
with this ordinance if such inspections disclose any instance of noncompliance.
(2) Investigate thoroughly any complaints of alleged violations, and indicate
clearly in writing as a public record in his office the
disposition made of such complaints.
(3) Order
in writing as set out below the remedy of all conditions or all violations of
this ordinance found to exist in or on any premises.
(4) State
in the violation order a time limit for compliance herewith as hereinafter set
out.
(5) Refuse
to issue an occupancy permit where the provisions of this chapter have not been
met. A temporary occupancy permit may be
issued where provisions have been made to provide landscaping at the most
advantageous time for planting, not to exceed twelve (12) months from the date
of issuance.
(6) Take appropriate legal action upon the failure of the
responsible party to comply with such
violation order at the time specified therein, including issuance of citations.
(b) The
enforcing official or the agent of the enforcing official is authorized and
directed to lawfully enter upon all premises at reasonable times to determine
their condition insofar as the provisions of this ordinance are applicable.
(c) Whenever
the enforcing official determines that a violation in this chapter exists, the
official shall take action as follows:
(1) Give
written notice of the violation to the management agent or the owner shown on
the most recent tax roll of the city. A
copy of such written notice shall be transmitted to the city manager.
(2) The
notice shall include:
a. A
description of the location of the property involved, either by address or by
legal description.
b. A
statement indicating the nature of the violation and reason or reasons why the
notice of violation is being issued.
c. A
specification of the section or sections of this ordinance upon which the
notice of violation is based.
d. A
general description of the actions that is required to be taken in order that
the premises be brought into compliance with the
provisions of this ordinance.
e. A
statement showing the time within which the work must be accomplished in order
to comply with the provisions of
this
ordinance, which requirement as to time may not be
less than
ten (10) days nor more than ninety (90)
days
from the
date of such written notice.
f. A
statement advising of the procedures available for review or appeal of the
action of the enforcing official as set out in this ordinance.
(d) Notice:
(1) Service of the written notice required by this
ordinance shall be deemed complete if personally delivered to the person or
persons required under the provisions of this ordinance to be served with such
notice, and if the same cannot be personally delivered within the city, then
service shall be deemed complete upon sending same by certified mail, return
receipt requested, to the last known address of such person or persons and by
posting a copy of such notice in a conspicuous place on the premises.
(2) If such order is not complied with within the
time specified in the order, then the enforcing official shall use all
available means of enforcement in order to secure compliance with the
provisions of this ordinance as well as to secure punishment for its violation.
11. Appeal
Board and Procedures
There is hereby established an appeals board for
violations of this ordinance. The
Planning and Zoning Commission of the city shall serve and perform the duties
of such appeals board under the procedures established for that board herein
contained:
(a) If the
appeals board sustains the enforcing official, it shall find:
1. That
the facts as stated in the written notice of violation are correct and that the
situation covered by the notice is, in fact, a violation of the ordinance; and
2. That
the remedy stated by the enforcing official in the written notice of violation
is the minimum remedial action, which will bring the premises cited into
compliance with this ordinance.
(b) If the
appeals board shall modify or withdraw the notice of violation, it shall find
the following, as may be applicable to the specific case:
1. That
the facts as stated in the written notice of violation are not correct and that
the situation as covered by the notice is not, in fact, a violation of the
ordinance or that the procedures required of the enforcing official have not
been complied with, and/or,
2. That
the remedial action required by the enforcing official is not the minimum
action necessary to bring the premises into compliance and that some other
action, to be stated by the appeals board as a part of the record of the case,
is the minimum action necessary to secure compliance with this ordinance.
(c) If the
person or persons to whom the order is given fails to comply within the time
allowed, the enforcing official shall promptly proceed with all means of
enforcement in order to seek compliance.
(d) Requests
for extension of time:
1. In
addition to the authority herein before given to the appeals board, such board
shall have the authority upon good cause
Shown therefor in writing to grant an extension of
time within
Which such person may be required to comply with a
notice of violation, providing such written request for the extension of time
is presented to the board prior to the expiration of time originally stated in
the written notice of violation.
2. In
granting or denying the request for extension of time, the appeals board shall
consider such factors as are appropriate, including the good faith effort to
comply, the availability of materials and workmen necessary, and such other
factors as the appeals board may deem appropriate and consistent with the
intent of this ordinance.
3.
All
requests for extension of time shall be considered at the next meeting of the
appeals board occurring not less than three (3) days after the filing of such
request, and the person seeking the extension of time as well as the enforcing
official shall be notified of the time and place of such hearing.
4. In
granting or denying the request, the appeals board shall, in each instance,
state its reasons therefor, and state the length of time, if it is extended,
during which the acts required to be done shall be completed, which time in no
instance may be greater than six (6) days after the time period stated in the
original notice of violation.
(e) Appeal
to Council
(1) Any
person aggrieved by such decision and order of the appeals board may seek
review by the city council. Such appeal
and review shall be filed within ten (10) days from the date of the final order
of the appeals board by filing with the city secretary a notice of appeal in
writing specifying the grounds therefore.
(2) The
city council shall fix a reasonable time for the hearing of the appeal and give
notice thereof by publication in a newspaper published in the city and by
written notice to the parties of interest and all property owners within two
hundred (200) feet of the property which is the subject matter of the appeal,
such notice to be given at least ten (10) days prior to the date set for such
hearing. At such hearing any person may
appear in person, by agent or by attorney.
(3) The
council shall announce its decision on the appeal within thirty (30) days after
the date of the hearing and shall notify the aggrieved party of its action in
writing.
(4) Should
the aggrieved party be dissatisfied with such decision, the party shall have
the right to appeal to a court of competent jurisdiction in accordance with
law.
12. Penalties
Any person, firm, company or corporation violating any provision of this ordinance shall, upon conviction be subject to a maximum fine of two hundred ($200.00). Each and every day of violation shall constitute a separate offense and be punishable accordingly.
13. Conflict with Existing Ordinances
Whenever the standards and specifications in this ordinance conflict with those contained in another ordinance, the most stringent or restrictive provision shall govern.
14. Effective Date
This ordinance shall become effective upon final passage and publication as required by law.
PASSED AND APPROVED this the 16th day of
February 1988.
Bruce Friesenhahn, Mayor
ATTEST: Gracie Beane
EXHIBIT A
NATURE TREES AND VEGETATION
The
trees and vegetation listed below are native to the
Carya
illinoensis-Pecan
*Ilex vomitoria-Yaupon holly
Magnolia grandi flora-Southern magnolia
Quercus alba-White oak
*Quercus macrocarpa-Bur oak
*Quercus muhlenbergii-Chinkapin oak
*Quercus
texana-Spanish oak
*Quercus virginiana-Live oak
*Sophora secundiflora-Texas mountain laurel
*Taxodium
distichum-Bald cypress
*Ulmus Crassifolia-Cedar elm Arbutus texana-Texas madrone
*Diospyros texana-Texas persimmon Ginkgo biloba-Ginkgo
Juglans nigra-Black walnut
*Lagerstroemia indica-Crepe myrtle (use mildew resistent hybrids) Pinus remota-Pinon pine
*Pinus Elderica-Afghan pine
*Pinus thunbergii-Japanese black
pine
*Acacia farnesiana-Huisache
Acer grandidentatum sinuosum-Bigtooth maple (need shade) Acer rubrum-Red maple
*Cedrus deodara-Deodar cedar
*Chilopsis linearis-Desert willow Ehretia anacua-Anaqua
*Eriobotrya japonica-Loquat
Gleditsia triacanthos inermis-Thomless honeylocust
Leucaena retusa-Goldenball
Persea borbonia-Redbay (need shade)
*Piflu5 pinea-Italian stone pine
*Platanus Mexicana-Mexican sycamore
*Prospoi 5 gl andul osa-Honey mesquite
*Pyru5 calleryana-Calleryana pear
*Quercus stellata-Post oak
Sapi ndus drummondi i-Western soapberry
Sophora japonica-Japanese pagodatree