11-14-98-Ordinance-Adding Landscaping Regulations-11/16/1998ORDINANCE 11-14-98
AN ORDINANCE AMENDING IN PART, CHAPTER 12 OF THE CODE OF
ORDINANCES OF THE CITY OF SANGER BY ADDING A SECTION TO BE NUMBERED
SECTION 44; PROVIDING FOR LANDSCAPE REGULATIONS; ADOPTING A
CERTIFICATE OF OCCUPANCY AND REQUIRING COMPLIANCE; PROVIDING FOR
NON CONFORMING USES AND/OR STRUCTURES; PROVIDING FOR AN EFFECTIVE
DATE; AND ADDING A SECTION TO BE NUMBERED SECTION 45; PROVIDING FOR
NON CONFORMING USES, LOTS AND STRUCTURES; PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF SANGER, TEXAS:
THAT chapter 12, of the Code of Ordinances, City of Sanger, Texas, is hereby amended by
adding a two sections to be numbered Section 44 and Section 45, which said Sections shall read
as follows:
SECTION 44
LANDSCAPE REGULATIONS
44.1 Purpose: It is the purpose of this section to establish certain regulations pertaining to
landscaping within the City. These regulations provide standards and criteria for new
landscaping and the retention of existing trees which are intended to:
(a) Promote the value of property, enhance the welfare, and improve the physical appearance
of the City;
(b) Reduce the negative effects of glare, noise, erosion and sedimentation caused by expanses
of impervious and un-vegetated surfaces within the urban environment; and
(c) Preserve and improve the natural and urban environment by recognizing that the use of
landscaping elements and retention of existing trees can contribute to the processes of air
purification, oxygen regeneration, groundwater recharge, abatement of noise, glare, and
heat, provision of habitats for wildlife, and enhance the overall beauty of the City.
(1) This section establishes landscaping requirements in zoning districts B-1, B-2, B-3,
I-1, and I-2, and all Specific Uses which specify that the requirements of this section
be met.
(2) Non-residential uses located within the SF-1, SF-2, SF-3, SF-4, 2F, MF-1, MF-2,
MH-1, and MH-2 zoning districts, which consist of principle structures, parking
areas, and signage, shall be required to comply with the requirements contained in
this section.
44.2 Events causing compliance: Land uses not previously subject to landscaping requirements
may be required to comply with this section upon the occurrence of one of the following events:
(a) A change in zoning;
(b) Requirement of landscaping as conditions of a Specific Use Permit;
(c) Issuance of a building permit; or
(d) Loss of legal non -conforming status.
44.3 Generally:
(a) Landscaping of between 10 and 20 percent of the total lot shall be required.
Landscaping which includes the planting of new and the retention of existing shrubs,
trees, and flowering plants, in addition to grass, may reduce the landscape requirement
to 10 percent of the total lot area. Landscaping which consists of grass only will require
20 percent of the total area to be landscaped.
(b) Where the construction is to be a single phase of a multi -phase development, only the
area being constructed in the current phase need be subject to the landscape regulations.
However, each phase will be required to meet the landscaping requirements as they are
being developed.
44.4 Landscaping plan required:
(a) The landscape plan may be prepared by the applicant or his/her designee. The
landscape plan may not be required to be prepared by a registered or certified
professional but may be depending on location.
The landscape plan may be submitted as a part of the site plan or as a separate submittal.
However, a landscape plan meeting the requirements of this ordinance shall be provided and
approved prior to the issuance of a building permit.
(b) The landscape plan shall contain the following information:
(1) Drawn to scale;
(2) Location of all trees to be preserved. The method of preservation during the
construction phase of development shall be approved by the city administrator or
his/her designee;
(3) Location of all plants and landscaping material to be used including paving, benches,
screens, fountains, statues, or other landscape features;
(4) Species of all plant material to be used;
(5) Size of all plant material to be used;
(6) Spacing of plant material where appropriate;
(7) Layout and description of irrigation, sprinkler or water system, including placement
4 e yr7 R f t .r (� ➢ 9
of water sources;
(8) Description of maintenance provisions of the landscape plan;
(9) Persons responsible for the preparation of the landscape plan.
44.5 Locational criteria:
(a) Not less than 40 percent of the total landscaping shall be located in the designated front
yard.
(b) In the I-1 Light Industrial and I-2 Heavy Industrial districts, only the front yard 40
percent of the total 20 percent shall be required. The rear and side yard landscape
requirements may be waived upon submittal of a landscape plan showing other
requirements.
44.6 Credits toward landscaping requirements: Grass is an appropriate landscape
material. However, a variety of plan material is recommended. Credits toward the
landscaping requirements may be granted in the following manner. These credits will
apply against the percentage requirements indicated in Section 44.3 (a) landscape
Installation Required,
Additional Enhancement
Credit
1.
3 inch tree
200 sq. ft.
(trunk diameter measured
12 inches above grade)
2.
6 inch tree (planted or saved)
400 sq. ft.
(trunk diameter measured
12 inches above grade)
3.
1 shrub less than 5 gallons
10 sq. ft.
4.
1 shrub 5 gallons or greater
25 sq. ft.
S.
25-square-feet flower bed(s)
100 sq. ft.
6.
For each 1 square feet of xeriscaped area
2 sq. ft.
7.
Landscaping of the (1/2) area landscaped
Right-of-way
a. Total landscaping on a lot shall not be reduced through credits by more than 50 percent
of the landscaped area required.
b. Xeriscaped area and methodology shall be clearly located and detailed on the site plan.
c. A flower bed is any area where the soil has been specifically prepared for the planting
of flowering plants. In addition in order to be considered for credit calculations, at
least 80 percent of the prepared area must be covered with flowering plant material at
the time of peak growth.
44.7 Installation and maintenance:
(a) All required landscaped area shall be permanently landscaped with living plant material,
and shall have either an irrigation system installed or shall be accessible to a bibcock,
faucet, or other water source on the same lot or tract. Synthetic or artificial lawn or
plant material shall not be used to satisfy the landscape requirements.
(b) Landscaped areas shall be kept free of trash, litter, weeds, and other such material or
plants not a part of the landscaping,
(c) All plant materials shall be maintained in a healthy and growing condition as is
appropriate for the season of the year. Maintenance shall include mowing, watering,
trimming, pruning, replacing, etc.
(d) Plant materials which die shall be replaced with plant material of similar variety and size
within 90 days, with a one time extension not exceeding 90 days being provided upon
approval of the city administrator or his/her designee.
44.8 Landscaping of parking lots: It is the intent of this section to encourage design and
construction of parking areas so that areas within the parking lot which are unusable for
parking or maneuvering space are landscaped. The following minimum requirements shall be
observed:
(a) Landscaped areas within parking lots shall be located so as to best relieve the expanse
of paving.
(b) Landscape material which is located within the interior of a parking lot shall be
surrounded by a curb of at least four inches in height.
(c) Landscaping within a parking lot shall not create a visibility obstruction. A visibility
obstruction within a parking lot is defined as landscaping between 24 inches in height and
seven feet in height. No shrubs shall be allowed to exceed 24 inches in height. Tree
canopies shall be at least seven feet in height.
(d) For large existing trees located in the parking area, which are being retained and
incorporated into the landscaping plan, an appropriate aeration system or an alternative
method of protecting the tree must be provided and detailed in the landscape plan.
(e) For each landscaped island of at least 10 feet by 20 feet located within a parking lot,
credit for four parking spaces will be provided. Credit for parking spaces cannot reduce
the overall parking requirement by more than 20 percent or to less than ten total spaces.
44.9 Certificate of occupancy:
(a) All landscaping shall he completed and installed in accordance with the approved
landscape plan within 90 days of a certificate of occupancy being granted. A one time
extension not to exceed 90 days may be granted upon approval of the city administrator
or his/her designee.
(b) If landscaping requirements have not been satisfied as required in 44.9 (a), the property
owner shall be considered in violation of this ordinance and subject to penalty or fines
as appropriate.
44.10 Non -Conforming uses and/or structures: All uses that were in existence at the time
of the adoption of this ordinance, which do not meet the landscape requirements, will be
considered legal non -conforming. These non -conforming uses/structures will be subject to
compliance at the time of;
(a) Transfer of ownership of the property
(b) Change in Zoning District,
(c) Change in primary use of property.
44.11 Relief from landscaping requirements: Upon completion of the following; relief from
landscaping requirements may be granted in situations where the individual circumstances, such
as the presence of existing facilities or unusual topography, limit the applicant's ability to
comply with the landscaping requirements:
(a) The applicant shall provide the city administrator or his/her designee with an alternative
landscape plan for review and approval.
(b) The landscape plan will illustrate a landscape area as available, provide for irrigation,
and provide a phasing schedule for completing the plan.
(c) The installation of landscaping as indicated by the landscape plan is completed as
approved by the city administrator or his/her designee.
44.12 Penalty for Violations
Any person, firm, or corporation who shall violate any of the provisions of this article shall
be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general
penalty provision found in Section 10 of this Code. (Ordinance 03-92 adopted 8/3/92)
SECTION 45
NON -CONFORMING USES LOTS AND STRUCTURES
45.1 Generally: A non -conforming status shall exist under the following provisions of this
ordinance:
(a) Within the districts established by this ordinance or amendments thereto, there exist lots,
structures, uses of land and structures, and characteristics of use which were lawful
immediately before this ordinance was enacted, amended, or otherwise made applicable
to such lots, structures or uses, but which do not conform to the regulations of the
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t ) a
district in which they are located. It is the intent of this ordinance to permit such non-
conforming use to continue, under regulations herein contained, until the same are
removed, but not to encourage their survival.
(b) It is further the intent of this ordinance that non -conforming uses shall not be enlarged
upon, expanded, or extended, nor be used as grounds for adding other structures or uses
prohibited elsewhere in the same district.
(c) Non -conforming uses are hereby declared to be incompatible with the permitted uses in
the districts involved.
45.2 Non -Conforming uses regulated: No non -conforming use of land or buildings, nor any
non -conforming structure shall be enlarged, changed, altered, or repaired except in conformity
with the regulations contained in this article.
45.3 Non -Conforming status: Any use, lot, or structure which does not conform with the
regulations of the zoning district in which it is located, is non -conforming when.
(a) The use, lot, or structure was in existence and lawfully operating on November 13, 1997,
and has since been in regular and continuous use; or
(b) The use, lot, or structure is lawful at the time of the adoption of any amendment to this
ordinance, but because of the amendment. no longer complies with applicable
regulations.
PASSED, APPROVED, AND ADOPTED, this the 16th day of November A.D., 1998, by
the City Council of the City of Sanger, Denton County, Texas.
APPROVED:
Tommy K caid, Mayor
ATTEST:
Rosalie Chavez, City Sec ary