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ORD 935 07/27/2010 Of Ci. spf 4 _ $ T£.x A.5 "City of Choice" ORDINANCE NO. 9 3 5 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, AMENDING THE SCREENING AND LANDSCAPING REGULATIONS FORMERLY CONTAINED IN APPENDIX A, CHAPTER 17, SECTION B; REMOVING SAID REGULATIONS FROM THE CODE OF ORDINANCES; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cibolo allows the reasonable and responsible development and improvement of land within the City; and WHEREAS, it is determined by the City Council of Cibolo that it is beneficial to the public health, safety, and welfare to require landscaping within the City; and, WHEREAS, the provision of landscaping to the City will enhance the quality of life and the general welfare of the City; and, WHEREAS, landscaping will enhance the City's aesthetic environment and provide health benefits and help to reduce pollutants,reduce energy costs, and add value to the land. NOW THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS,THAT: The City Council of the City of Cibolo that the City Code of Ordinances Appendix A, Chapter 17, Section B. shall be removed from the City's Code of Ordinances and amended to read as in the attached"Exhibit A." SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 3. INVALIDITY OF A PART If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shill not affect the validity of the remaining portions of this ordinance; and SECTION 4. REPEAL All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same is in conflict with the provisions hereof; and SECTION 5. SAVING CLAUSE All rights or remedies of the City of Cibolo, Texas, are expressly saved as to any and all violations of any Zoning Ordinance or amendments thereto, of said City of Cibolo that have accrued at the time of the effective date of this ordinance; and as to such accrued violation, the court shall have all the powers that existed prior to the effective date of this ordinance; and that all existing or previous Zoning Ordinances which would otherwise become non-conforming uses under this ordinance but shall be considered as violations of this ordinance in the same manner that were violations of prior Zoning Ordinances of said city; and SECTION 6. EFFECTIVE DATE This Ordinance shall be effective upon the approval of the City Council of the City of Cibolo, Texas and publication pursuant to law. PASSED AND APPROVED this 27th day of July 2010. SIGNED: SJ Ter$• . an,Mayor City of .olo, Texas ATTEST: L.,_;___,... / 9� Peggy Cimics, City Secretary City of Cibolo,Texas ,- APPROVED AS TO FORM: '. , t. .Cl City Atto• ey City o'Cibolo, Texas EXHIBIT A LANDSCAPE ORDINANCE 1. Purpose- Landscaping is accepted as adding value to property and is in the best interest of the general welfare of the City. The provision of landscaped areas also serves to increase the amount of a property that is devoted to pervious surface area that, in turn, helps to reduce the amount of impervious surface area, stormwater runoff, and consequent non-point pollution in local waterways. Therefore, landscaping is hereafter required of new development. 2. Scope and Enforcement- a. The standards and criteria contained within this subsection are deemed to be minimum standards and shall apply to all new construction or any construction that increases the existing square footage of a structure by more than thirty percent(30%). Additionally, any use within a PD zoning district must comply with these landscape standards unless special landscaping standards are otherwise provided for in the ordinance establishing the PD district. The provisions of this subsection shall be administered and enforced by the Zoning Administrator, or his/her designee. The landscape standards in this subsection apply to nonresidential developments, including uses such as schools and churches within a residential zoning district(s). b. If at any time after the issuance of a certificate of occupancy, the approved landscaping is found not to be in conformance with the standards and criteria of this subsection, Zoning Administrator, or his/her designee, shall issue written notice to the property owner, citing the violation and describing the action(s) required to comply with this subsection. The owner, tenant or agent shall have thirty (30) days from date of said notice to establish/restore the landscaping as required. If the landscaping is not established or restored within the allotted time, then such person shall be in violation of this Ordinance. c. Only that portion of a lot, tract or parcel being developed shall be required to meet these landscape requirements. Those portions of a lot, tract or parcel to be developed at a later time shall be required to meet the landscape requirements in effect at the time of their development. 3. Permits- a. No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted and approved by the Zoning Administrator, or his/her designee, ,along with all the other plans and submissions required by this Ordinance and all other applicable rules and regulations of the City. Said detailed landscape plan shall meet the minimum requirements and specifications contained in this Chapter. b. Prior to the issuance of a certificate of occupancy, all screening and landscaping shall be in place in accordance with the approved landscape plan. In any case in which a certificate of occupancy is sought at a season of the year in which the City determines that it would be impractical to plant trees, shrubs or groundcover, or to successfully establish turf areas, a temporary certificate of occupancy may be issued provided a letter of agreement from the property owner is submitted that states when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six(6) months of the date of the issuance of the certificate of occupancy. • 4. Landscape Plan - Landscape plans shall be prepared by a landscape architect licensed to practice in the State of Texas and shall contain the following minimum information: a. Minimum scale of one inch (1") equals fifty feet (50') or other such scale as approved by the Zoning Administrator, or his/her designee; show scale in both written and graphic form. b. Indicate that portion of the lot to be developed if the development occupies only a portion of the lot. That portion to be reserved for future development shall be indicated by a dashed line and shall be labeled "Future Development." c. Location, size and species of all trees to be preserved as required by the Cibolo Tree and Landscape Ordinance, as amended —tree stamps may be used provided they indicate true size, species, and location of trees. d. Location of all plant and landscaping material to be used, including plants, ground covers, paving, benches, screens, fountains, statues, earthen berms, and ponds (to include depth of water). e. Species and common names of all plant materials to be used. f. Size of all plant materials to be used—container size, trunk diameter, planted height, etc. g. Spacing of plant material where appropriate. h. Note of the face of the landscape plan stating that all landscaped areas will be irrigated with a below-ground, mechanical irrigation system designed and installed by an irrigator licensed by the State of Texas. Description of maintenance provisions. j. Name, address, and phone number of the person(s) responsible for the preparation of the landscape plan. k. North arrow/symbol, and a small map showing where the property is located. Date of the original preparation and the date of the latest revision(s). m. The location, size,type, and owner/dedication information for all easements located on the site. n: The irrigation system proposed on the lot to include the type and size of lines, meter, backflow prevention device, connection to the public water system, sprinkler heads (including type and size), and all related appurtenances. Said irrigation system shall be designed and stamped by a licensed irrigator in the State of Texas. o. All property lines with dimensions and bearings and the square footage of the total lot. p. All proposed and existing structures. Said information shall include the square footage of existing structures, the square footage of new structures, and the percent increase in square footage. q. All paved areas to include the square footage of all impervious surfaces and the percent of the lot area said areas occupy. r. All planting areas/planting beds and square footage of all such areas and the percentage of the lot said areas occupy. s. The location, size, and type of all utility lines and drainage infrastructure located on the site — including water, wastewater, electric, gas, and telephone lines. t. The designation of all bufferyards, indicating the dimensions, planting materials, fences, landscaping materials and all other items proposed in each. 5. General Standards- The following criteria and standards shall apply to landscape materials and installation: a. All non-paved surfaces shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs, and other plants, but shall not comprise a significant portion of the total landscaped area. This requirement shall not apply to public or private playgrounds built in association with any non-residential or park use. b. Plant materials shall be of species that are common this area of Texas and are subject to approval by the City and shall conform to the current edition of the "American Standard for Nursery Stock" (as amended), published by the American Association of Nurserymen. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. c. Native overstory trees required by this Subsection shall meet the following minimum criteria: (1) An average crown spread of greater than fifteen feet (15') at maturity. Tress having a lesser average mature crown of fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of fifteen feet(15')of crown spread. (2) A minimum trunk diameter of three inches (3")as measured four and one-half feet(4 1/2') above the ground and seven feet(7') in height at the time of planting. (3) All new trees shall be provided with a permeable surface under the drip line a minimum of five feet(5') by five feet(5'). d. Understory/ornamental trees required pursuant to this Subsection shall meet the following minimum criteria: (1) A minimum of one and one-half inch (1 W)as measured four and one-half feet above the ground and five feet(5') in height at the time of planting. (2) All new trees shall be provided with a permeable surface under the drip line a minimum of five feet(5') by five feet(5'). e. Shrubs required pursuant to this Subsection shall meet the following minimum criteria: (1) Shrubs shall be a minimum of five (5) gallons and two (2) feet in height at the time of planting. (2) Hedges, where installed for buffering purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen that will be at least three feet (3') in height within two (2)years after the time of planting. f. Grass areas shall be plugged, sodded, sprigged, hydro-mulched and/or seeded, except that solid sod shall be used in swales, earthen berms or other areas subject to erosion. g. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting. h. All landscaped areas shall be equipped with an automatic, mechanical, underground irrigation system with freeze and moisture sensors to prevent watering at inappropriate times. Landscaped areas having less than ten (10) square feet in area may be irrigated by some other means. If appropriate xeriscape planting techniques are utilized as approved by the City, the Chief Building Official, or his/her designee, may waive the requirement for an underground irrigation system at the time of landscape plan approval. However, the landscaping shall be maintained in a healthy, living, and growing condition, and any irrigation devices shall not be readily visible from public streets or walkways. i. Earthen berms shall have side slopes not to exceed 33.3 percent(three feet(3') of horizontal distance for each one foot (1') of vertical height). All berms shall contain necessary drainage provisions as may be required by the City Engineer. j. The planting requirements specified herein shall not be cumulative and planting materials required to meet one section of the ordinance or any applicable provision of the City's Tree Preservation and Landscape Ordinance, as amended, may be credited toward the requirements to meet other sections of this or any other ordinance. For example, tree plantings required to meet the bufferyard standards may also be credited toward the tree planting requirements for the perimeter planting requirements for off-street parking and vehicular use areas. 6. Minimum Landscaping Requirements for Non-Residential Developments: a. The following percentages of landscaping coverage are the minimum required for all properties that are subject to this subsection. (1) Twenty percent (20%) landscaping coverage for all commercial, service, office and multi- family districts. (2) Ten percent(10%) landscaping coverage for industrial district and the C-2G district. b. Landscaped areas include all areas that are planted. Areas that are retained in a natural state may be included if they are comprised of native or non-invasive species and are maintained in a weed free condition. c. Landscaping in the adjacent public right-of-way may be counted toward meeting the overall landscaping requirements but shall not reduce the on-site landscaping requirement by more than five percent(5%). d. The percentages specified in this subsection are the minimum required. At times, more landscaping will be required to meet the needs of other sections of the landscaping standards, such as screening or parking areas, landscaping of setback areas, and providing usable open space. e. With the exception of athletic fields, golf courses, and playgrounds, all areas that are not used for building or parking, are required to be landscaped, and where adequate room exists, all landscaped areas are required to contain trees. f. Landscaping design shall include a variety of deciduous and evergreen trees and shrubs and flowering plant species well adapted to the local climate. 7. Bufferyards- Bufferyards shall be required in accordance with this subsection to separate different land uses from each other and to eliminate or minimize potential nuisances such as dirt, litter, noise, glare, signs, and unsightly buildings or parking areas, or to provide spacing to reduce the adverse impacts of noise, odor or danger from fire or explosions. Both the amount of land and the type and amount of planting and specified structures for each bufferyard are designed to lessen nuisances between adjacent land uses or between a land use and public road. a. Landscape Buffer Between Residential and Non-Residential Uses— A landscape buffer shall be located on the site of the non-residential use along all property lines adjacent to an existing residential use, residential zoning district or a planned residential area as designated on the City's Future Land Use Plan, as amended, subject to the following standards: , _ (1) Masonry Wall — A brick or masonry wall constructed of like and similar materials to those of the primary structure shall be constructed along all property lines adjacent to an existing residential use, residential zoning district or a planned residential area as designed on the City's Future Land Use Plan, as amended. Such walls shall have one (1) access point for maintenance per one hundred (100) linear feet of wall distance for maintenance of landscaping and shall be a minimum of six (6) feet in height and a maximum of eight (8)feet in height, except that the first twenty-five (25) feet in from the street right-of-way shall be stepped down to a minimum height of four (4)feet. (2) Landscaped Edge —A landscaped edge of a minimum width of twenty-five (25) feet shall be installed along the property line as specified in (1) above. Said landscaped edge shall require the following minimum planting materials: (a) Overstory trees shall be planted at a minimum ratio of one (1) tree per fifty (50) linear feet of property line with fractions being rounded to the nearest whole number. (b) Shrubs shall be planted at a minimum ratio of six (6) shrubs per fifty(50) linear feet of property line with fractions being rounded to the nearest whole number. (c) That portion of the landscaped edge not occupied by other the plant materials as specified in a. and b. above shall be covered in a ground cover material as specified herein. b. Landscape Buffer Non-Residential Uses- A landscape buffer shall be located on the site of the non-residential use along all property lines adjacent to an existing non-residential use, non-residential zoning district or a planned non- residential area as designated on the City's Future Land Use Plan, as amended, subject to the following standards: (1) Landscaped Edge—A landscaped edge of a minimum width of five (5) feet shall be installed along the property line. Said landscaped edge shall require the following minimum planting materials: (a) Overstory trees shall be planted at a minimum ratio of one (1) tree per one hundred (100) linear feet of property line with fractions being rounded to the nearest whole number. (b) Understory trees shall be installed at a minimum ratio of two (2) trees per one hundred (100) linear feet of property line with fractions being rounded to the nearest whole number. (c) That portion of the landscaped edge not occupied by other the plant materials as specified in a. and b. above shall be covered in a ground cover material as specified herein. c. Minimum Requirements for Off-Street Parking and Vehicular Use Areas - Parking lots and vehicular use areas for developments within all the non-residential zoning districts are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance with the following criteria. Areas used for parking or vehicular storage that are under, on or within buildings are exempt from these standards. (1) Interior Landscaping—A minimum of ten (10) percent of the gross parking areas shall _ be devoted to living landscaping that includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking lot and/or driveway paving and sidewalks. (2) The following additional criteria shall apply to the interior of parking lots: (a) Interior landscape areas shall be protected from vehicular encroachment or overhang through appropriate wheel stops or curbs. (b) There shall be a minimum of one (1) native overstory tree planted for each four hundred (400) square feet or fraction thereof of required interior landscaped area. (c) Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every twelve (12) parking spaces and at the terminus of all rows of parking. At least fifty percent(50%) of such islands shall contain at least one (1) overstory tree. Planter islands shall not be required for lots containing less than thirty-five-thousand (35,000) square feet. That portion of the landscaped island edge not occupied by other the overstory tree shall be covered in a ground cover material as specified herein. Interior planter islands shall have a minimum size of sixteen (16) square feet and a minimum width of eight(8)feet as measured from back of curb to back of curb or nine (9) feet as measured from edge of pavement to edge of pavement if constructed without curbs. (d) The Zoning Administrator or his/her designee, may approve planter islands as required in c. above to be located further than twelve (12) parking spaces in order to preserve existing trees in interior parking areas. Off-street parking and drive areas located within the drip line of a tree shall be paved with permeable material approved by the City Engineer when the drip line of an existing tree is larger than the planter islands required herein. d. Perimeter Landscaping- All parking lots and vehicular use areas located between a primary structure and a public right-of- way shall be screened from all public rights-of-way with a landscape barrier. Plants and materials used in the landscaped strip shall meet the minimum specifications of this subsection. Perimeter landscaping shall be designed to screen off-street parking areas and other vehicular use areas, except for driveways that provide direct connection to a public right-of-way, from public rights-of- way. Said perimeter landscaping shall include the following: (1) Whenever an off-street parking area or vehicular use area is located between a primary structure and a public right-of-way, except a public alley, a perimeter landscape area of at least fifteen (15) feet in width shall be maintained between the abutting public right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with materials as specified in (2) below. (2) The following plant materials shall be required within a landscape barrier as specified herein. Plant materials required for mandatory bufferyards as specified by this subsection may be counted toward the perimeter landscape requirements specified herein: (a) One (1)overstory tree per fifty(50) lineal feet of frontage; (b) Three(3)understory trees per fifty(50) lineal feet of frontage; (c) Twenty-five (25) shrubs that reach a minimum of one and one-half feet (1-1/2')and up to a maximum four feet(4') height at maturity, grouped in _ natural formations and utilizing at least three(3)specie. (d) Curvilinear berm measuring a minimum two(2)feet in height; (e) All areas not covered by plant materials specified above shall be covered with ground cover. e. Landscaping Requirements for Non-Vehicular Open Space- Development within the non-residential zoning districts, except the CBD, shall meet the following landscaping standards in addition to the landscaping of off-street parking and vehicular use areas and all bufferyards required herein. All remaining open spaces on any developed lot or parcel shall conform to the following minimum criteria: (1) Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within twenty (20) feet of any building or paving or other use such as storage. (a) All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance. 8. Landscaping shall be provided on each developed lot in accordance with the following standards: a. Native Overstory Trees — Overstory trees shall be planted in non-vehicular open space to meet the following criteria: %of Site in Vehicular Tree Ratio per Non- Open Space: Vehicular Open Space: Less than 30 1 tree/2,500 square feet 30 to 49 1 tree/3,000 square feet More than 49 1 tree/4,000 square feet b. Vehicular driveways from the public right-of-way and sidewalks, installed in accordance with City standards, shall be permitted through all required landscaping. c. Only that portion of a lot, tract or parcel being developed shall be required to meet these buffering requirements. Those portions of a lot, tract or parcel to be developed at a later time shall be required to meet the buffering requirements in effect at the time of their development. 9. Sight Distance and Visibility- Strict compliance with these regulations shall not be such as to cause visibility obstructions and/or blind corners at intersections. Planting shall meet visibility clearance and obstruction standards as specified in the Zoning Ordinance. In the event that visibility obstructions are apparent in the proposed landscape plan, as determined by the Zoning Administrator, or his/her designee, the requirements set forth herein may be slightly reduced, if necessary, to remove the conflict. 10. Maintenance- a. The owner, tenant, and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials - that die shall be replaced with plant material of similar variety and size within ninety(90) days of receiving written notice from the City. Trees with a trunk diameter in excess of six (6) inches as measured twenty-four (24) inches above the ground may be replaced with ones of similar variety having a trunk diameter of no less than three (3) inches as measured twenty- four (24) inches above the ground on a caliper-inch for caliper-inch basis. A time extension may be granted by the Zoning Administrator, or his/her designee, if substantial evidence is presented to indicate abnormal circumstances beyond the control of the owner, tenant, and/or their agent. b. It shall be the duty of any person or persons owning or occupying real property bordering on any street to prune trees next to the street in such manner that they will not obstruct or shade any street lights, obstruct vision of traffic signs, or obstruct the view from any street intersection, pursuant to the City's visibility standards. The minimum clearance of any portion of a tree overhanging a public street right-of-way shall be fourteen (14)feet, and overhanging a public sidewalk shall be eight(8)feet. b. Failure to maintain any landscape area in compliance with this subsection is considered a violation of this subsection and may be subject to penalties of this Ordinance. 11. Variances- The Planning and Zoning Commission shall have the authority to hear requests for variances to this ordinance when the literal enforcement of these requirements would result in creation of an unnecessary hardship or impractical application of the plan considering the physical characteristics of the lot or parcel of land in question.All of the application requirements, variance hardship criteria, legal notice procedures, and application filing fee required for the granting of a variance to the Zoning Ordnance shall be applicable. 12. Enforcement- The owner of a building or premises in or upon which a violation of any provision of this ordinance has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person, firm or corporation who commits, takes part or assist in any violation, or who maintains any building or premises in or upon which such violation exists, shall, upon conviction, be fined not more than five hundred ($500.00) per offense. Each day that such violation occurs continues as a separate offense.