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ORD 953 10/26/2010 O c C/� ��'``��ofanumNNN�Ni4 Q J �s=o c:*. 4 \ \ .r` y�rymnnnnnnnid', Tex 0,5 "City of Choice" ORDINANCE NO. 9 5 3 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, THAT REPEALS ORDINANCE NUMBER 935 AND AMENDS APPENDIX B (SUBDIVISION) OF THE CITY OF CIBOLO CODE OF ORDINANCES ESTABLISHING LANDSCAPING AND BUFFERING REGULATIONS; AS ALLOWED UNDER THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING A SAVINGS CLAUSE AND FOR THE REPEAL OF ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY CLAUSE FOR VIOLATIONS AND ESTABLISHING EACH DAY OF SUCH VIOLATION AS A SEPARATE OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cibolo allows the reasonable and responsible development and improvement of land within the City and within the Extraterritorial Jurisdiction of 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 within the Extraterritorial Jurisdiction of 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 the Extraterritorial Jurisdiction 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: SECTION 1. REPEAL AND ADOPTION (a) The following enacted ordinance of the City of Cibolo is hereby repealed: Ordinance Number 935. (b) City of Cibolo Code of Ordinances Appendix B Subdivision shall be amended to include the language in the attached "Exhibit A." SECTION 2. 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 3. REPEAL All ordinances or parts of ordinances in conflict with any of the provisions of this ordinance are hereby repealed insofar as the same is in conflict with the provisions hereof; and SECTION 4. 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 5. 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 APP' O. his 26th day of October 2010. SIGNED: ` ennifer Hartman, Mayor City of Cibolo, Texas ATTEST: 0 Peggy Cimics, City Secretary City of Cibolo, Texas APPROVED AS TO FORM: City Attorne( City of CjI o1o, Texas EXHIBIT A SUBDIVISION REGULATIONS SECTION IV APPLICATION PROCESS F. LANDSCAPING AND BUFFERING REQUIRED The Landscaping and Buffering requirements contained in Appendix A of this ordinance shall apply to all new non-residential construction and multi-family construction other than duplex uses in the City of Cibolo and the City of Cibolo Extraterritorial Jurisdiction. 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%). 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 and/or a Site Development Permit, the approved landscaping is found not to be in conformance with the standards and criteria of this subsection, the 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. d. Pad site developments: Pad site developments or ground lease developments shall be required to provide landscaping in accordance with the interior landscape requirements herein. e. Expansions of Paved Areas: Any expansion or reconfiguration of paved areas shall comply with all requirements herein. Appendix A Landscaping and Buffering 1.0. Purpose The purpose of this section is to establish landscaping and buffering requirements to enhance the community's ecological, environmental, and beautification efforts as well as its aesthetic qualities. It is the intent of this section to reduce the negative effects of glare, noise, erosion, and sedimentation caused by expanses of impervious and un-vegetated surfaces within the urban environment. It is the intent of this section to preserve and improve the natural and urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification, oxygen regeneration, groundwater recharge, noise abatement, glare and heat, provision of habitats for wildlife, and enhance the overall beauty of the City and the Extraterritorial Jurisdiction of the City. 2.0. Installation and Maintenance 1. Prior to issuance of a Certificate of Occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan approved as part of the site plan 2. The property owner shall be responsible for the maintenance of all landscape areas. The areas shall be maintained so as to present a healthy, neat and orderly appearance at all times. 3. Should any of the plant materials used in any landscaping required under this section die, the owner of the property shall have ninety (90) days after notification from the City to obtain and install suitable replacement plant material. Synthetic or artificial lawn or plant material shall not be used to satisfy the requirements of this ordinance. 4. If seasonal weather conditions make it impractical to install landscaping, or replacement landscaping, as required herein, a deferral of the required plant installation may requested for a period not to exceed six (6) months. The applicant shall be required to provide a Letter of Credit, bond, or escrow deposit in an amount sufficient to cover the installation of the required landscape and irrigation requirements, plus a 10% contingency. Such amount shall be evidenced by an itemized bid prepared by a qualified contractor. Upon the failure of the applicant to complete the installation requirements, the City shall have the right to draw upon the letter of credit or escrow. A deferral may not be requested for any required screening fence or wall. 5. Landscaped areas shall be kept free of trash, litter, weeds, and other material or plants not a part of the landscaping. 6. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. 7. 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. Landscaping within required sight visibility areas at street intersections and site access driveway shall not exceed a maximum height of two feet (2.0'). 8. All landscape materials shall be installed according to American Nursery and Landscape Association (AN&LA) standards. 9. Irrigation: a. All landscaped areas shall be irrigated with an approved automatic underground irrigation system unless the landscaped area has been designed utilizing xeriscaping methods. All irrigation systems shall be designed and sealed in accordance with the Texas Commission on Environmental Quality (TCEQ) and shall be professionally installed. Irrigation shall not be required for undisturbed natural areas or undisturbed existing trees. b. Flat spray heads should be utilized under shrubs rather than upward spray heads on risers above shrubs. Lawn spray heads should have low precipitation rates, run for longer periods of time, and water infrequently to promote deep root growth for grasses. Irrigation systems must be equipped with a rain/freeze sensor. C. The 20% landscaping requirement will be reduced to a 15% requirement for those developments where 67% of the total required landscaping is devoted to any combination of the following: i. Undisturbed natural areas or undisturbed existing trees, ii. Xeriscape landscape design, iii. Incorporate porous hose, deep pipe, clay pot lid, porous capsule, perforated drain pipe, micro catchment, drip, wick or other comparable alternative irrigation systems for arid climates, or iv. Utilize reclaimed, recycled, gray water, non-potable surface water, rainwater or alternative water harvesting systems in accordance with Texas Commission on Environmental Quality(TCEQ) standards and the adopted plumbing code. 10. Vegetation other than approved grasses or ground cover six inches (6") in height is prohibited in any City right-of-way unless authorized by the Zoning Administrator. 3.0. General Landscaping Requirements 1. Trees planted shall be a minimum of three inches (3.0") caliper measured at four feet (4') above ground level at the time of planting. 2. All trees planted to meet the minimum landscaping, mitigation or preservations requirements of this section shall be planted so as to provide for no impervious material within the drip line of the tree. For the purposes of determining the drip line to meet the requirements of this section, the drip line radius shall be measured as being ten (10) times the caliper of the tree. For example, a six inch (6") tree will have a sixty inch (60") or five foot (5') radius or a ten foot (10') diameter. Tree wells, alligator bags or tree grates may be utilized to meet the requirements of this section. The City may, at its option, require certification by a registered Arborist that adequate space has been provided for pervious cover beneath the drip line of a tree. 3. Shrubs, vines and ground cover planted pursuant to this section should be good, healthy nursery stock. Shrubs shall be a minimum of one-gallon container size at the time of planting. 4. Grass areas are encouraged to be planted in species normally grown as permanent lawns in the City, including Bermuda, Buffalo Grass, Zoysia, or other drought-tolerant grass. Grass areas may be sodded, plugged, sprigged or seeded, except in swales or other areas subject to erosion which shall require installation of solid sod. In the event that grass areas are seeded, plugged or seeded, the City of Cibolo can consider the issuance of a Temporary Certificate of Occupancy to ensure 100% grass coverage. 5. The use of St. Augustine grass is only permitted where structures or trees provide shade for more than 75% of the day. 6. New landscaped areas shall be prepared so as to achieve a soil depth of at least six inches (6"). 7. The use of architectural planters in nonresidential districts is permitted to count toward the fulfillment of landscape requirements subject to approval. 8. Developers and homebuilders are encouraged to use xeriscape plant materials on model homes to promote use of water-wise landscaping. 9. Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. Landscaping shall not interfere with clear sight lines at street intersections or ingress/egress drives to developments. 4.0. Landscape Installation Required 1. A minimum of twenty percent (20%) of the total land area of any proposed multifamily or nonresidential development shall be landscaped and shall be comprised of trees, shrubs, sod or other ground cover. In the event of the construction of a phased development, the minimum twenty percent(20%) requirement shall apply to each phase as it is developed. 2. Landscaping required to satisfy the 20% landscaping requirement shall be provided in accordance with the following criteria: a. Not less than forty percent (40%) of the total required landscaping shall be located in the designated front yard, with the front yard defined as the area between the front property line and the front of the building. In the case of a corner lot, landscaping may be installed between the exterior side of the building and the corner street. b. Approved tree species listed in Section 12.0.1 shall be provided at a ratio of nine (9) trees per acre of gross lot area, at a minimum ratio of 5 approved shade trees for every 4 approved ornamental, evergreen & palm trees. Existing trees may be counted toward meeting the requirements of this section, provided that measures are taken to ensure that existing trees will survive the site development process. c. The use of native and adapted, drought tolerant plants is encouraged to meet the requirements of this section. d. Artificial plants or turf shall not be counted towards meeting the requirements of this section. e. Parking lots and vehicular use areas shall be landscaped in accordance with the parking lot landscaping criteria described below. f. Areas used for parking or vehicle storage that are under, on or within buildings are exempt from the landscaping requirements. g. In no case shall the application of the landscaping requirements contained herein require more than 20%of the area of any development to be devoted to landscaping. 5.0. Parking Lot Landscaping A minimum of ten percent (10%) of the gross parking areas shall be devoted to living landscaping, which includes grass, ground covers, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway and sidewalks. The following additional criteria shall apply to the interior of parking lots. 1. Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops or curbs. 2. There shall be a minimum of one (1) shade tree planted for each 400 square feet or fraction thereof of required interior landscape area. 3. Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Such islands shall be a minimum of 200 square feet or ten feet (10') by twenty feet (20') in size. Smaller sized planting islands may be provided at the end of parking aisles where appropriate. 4. Planter islands shall contain a combination of trees, shrubs, lawn, ground cover and other appropriate materials provided such landscaping does not cause visual interference within the parking area. 5. When an off-street parking or vehicular use area abuts a public right-of-way, except a public alley, a perimeter landscape area of at least fifteen feet (15') in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular area. Appropriate landscaping shall be installed to create an attractive site presentation. Necessary access ways from the public right- of-way shall be permitted through this area. 6. When an off-street parking or vehicular use area abuts an adjacent residential property line, all landscape buffer requirements described below shall be applicable. 6.0. Landscape Plan Required A landscape plan demonstrating compliance with all landscaping requirements shall be submitted to the City for approval.The landscape plan may be submitted as a part of the site plan. 1. Qualifications to Prepare Landscape Plans For all lots greater than 30,000 square feet in area, Landscape Plans shall be prepared by a Registered Landscape Architect. For lots less than 30,000 square feet, a Landscape Designer or Landscape Contractor, knowledgeable in plant materials and landscape design may also prepare the landscape plan. Irrigation plans shall be prepared by a Licensed Irrigator or Landscape Architect. The Zoning Administrator may reject plans if deemed of insufficient quality or completeness and require that plans be prepared by a Registered Landscape Architect or a Licensed Landscape Contractor. 2. The landscape plan shall meet the following standards and contain the following information: a. Sheet size 24"x 36", or as approved. b. Acceptable scale: 1" = 10', 1" =20', or as approved. c. North arrow, graphic and written scale in close proximity. d. Appropriate title (i.e. "Landscape Plan") e. Title block shall include the project street address, subdivision name,with lot and block numbers, date of plan preparation (and revisions). f. Name and address of owner. g. Name, address and phone of firm preparing plan. h. Property boundaries and dimensions. Any existing or proposed easements and utilities shown j. Width and type of bufferyards labeled on all sides. k. Location, caliper size and name of all existing trees with a caliper equal to, or greater than 6-inches, which are to be preserved. Location, quantity, size and name of all proposed plant materials. m. Provide Bufferyard and Interior Landscape Calculations. o. Visibility triangles shown. p. Landscape Architect seal signed and dated. q. Plant list, with the size and spacing of all plants. r. Location &footprint of proposed or existing buildings & parking lots. s. Any berms delineated with one-foot (1') contour intervals. t. Any proposed or existing sidewalks. u. Location of all existing trees with indication as to those to be preserved. v. Location of all landscaping material to be used including paving, benches, screens, fountains, statues, walls/fences or other landscaping features; w. Type of watering system and location of watering source, irrigation, sprinkler, or water system, including placement of water sources. x. Description of maintenance provisions of the landscaping plan. y. Description of how existing trees will be protected during construction. 7.0. Non-residential and Multi-family Landscape Buffer Requirements 1. A non-residential or multi-family use adjacent to a single-family zoning district shall provide a minimum twenty foot (20') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. The Buffer Wall Standards below shall also be applicable. 2. A non-residential use adjacent to a multi-family zoning district shall provide a minimum ten foot (10') landscape buffer adjacent to the property line of the residential use or residentially zoned property. A minimum of one (1) shade tree shall be planted for each thirty linear feet (30') of landscape buffer. A minimum of ten (10) shrubs shall be planted for each fifty linear feet (50') of landscape buffer. All other areas within the landscape buffer shall be covered with grass or another solid vegetative cover approved at the time of Site Plan approval. The Buffer Wall Standards below shall also be applicable. 3. The following standards shall apply when a buffer wall is required: a. Fences and walls used as a buffer must have a minimum height of 6 feet (6') but may not exceed 8 feet (8') in height. The height restriction shall not apply to decorative or architectural ornamental elements, such as pilasters and pilaster caps. b. Fencing and walls shall not be placed within the line of sight as determined by the Sight Triangle. c. Fences and walls must be constructed of high quality materials, such as decorative block, brick, stone, woodcrete (decorative concrete), faux stone, wrought iron and comparable materials. The use of chain-link fencing, with or without slats, sheet metal, railroad ties or like materials may not be used as a screening wall or fence. d. Breaks in the fence or wall may be made to provide pedestrian connections to the perimeter of the site and to adjacent development. e. In lieu of the masonry or wood screening wall, a combination of screening trees, shrubs and earthen berms may be constructed to the minimum six-foot height. Earthen berms shall be constructed with a maximum 1:3 (one vertical to three horizontal) slope. The entire length of the berm shall be vegetated with dense evergreen plant material. 8.0. Existing Tree Credits Credits shall only be granted if the trees are in healthy condition and all requirements of the Landscape and Tree Preservation Ordinance (City of Cibolo Ordinance No. 638) have been met, as determined by the Zoning Administrator at the time of submitting the Landscape Plan. 1. Existing Tree Credit Calculation Existing trees which are saved in landscape areas and that can provide protection for at least 75% of the 'Critical Root Zone' will be granted credits toward reducing the required plantings as follows: a. Undesirable Trees (Any Size) =0.5 tree credit b. Approved Tree 6-12 inch Diameter at Breast Height (4.5 feet) = 1.5 Tree Credits c. Approved Tree 12-inch (or larger) Diameter at Breast Height(4.5 feet) =2.5 Tree Credits Trees are classified as Approved or as Undesirable in Section 10.6 below. 9.0. Improvements in the Public Right-Of-Way All unpaved portions of public right-of-way (R.O.W.) must be planted with an Approved grass, as classified in Section M below. A maximum of ten percent (10%) of the required interior plant material may be placed within the R.O.W. parkway. Should the applicant elect to provide plantings in the public R.O.W. 10.0.Approved Landscaping Plant List Landscape plans shall incorporate plantings from the approved species listings. Plants species on the undesirable tree list shall not be incorporated into landscape plans. Existing undesirable trees, with a caliper of 6-inches (6") or greater may be preserved and counted as 1 tree credit. Existing undesirable trees smaller the 6-inches (6"), if retained, shall count as 0.5 (1/2) of a tree credit. The Zoning Administrator reserves the right to consider other plant species not included in the approved landscaping plant lists if such plant is appropriate to the South Central Texas climate and is appropriate within the context of a proposed Landscape Plan. 1.Approved Shade Trees Common Name Scientific Name American Elm Ulmus Americana Anaqua Ehretia anacua Arizona Cypress Cupressus arizonica Bald Cypress Taxodium distichum Bigtooth Maple Acer grandidentatum Black Walnut Juglans nigra Bur Oak Quercus macrocarpa Canby's Oak Quercus canbyi Carolina Basswood Tilia caroliana Cedar elm Ulmus crassifolia Chinkapin or Chinquapin oak Quercus muhlenbergii Chisos red, Graves Quercus gravesii Durand oak Quercus durandii Fragrant ash Fraxinus cuspidate Green ash Fraxinus Pennsylvania Lacey oak Quercus glaucoides Little,Texas walnut Juglans microcarpa Mexican live or Monterrey oak Quercus polymorpha Mexican sycamore Platanus mexicana Nuttall Oak Quercus nuttallii Pecan Carya illinoensis Red oak Quercus texana Shin oak Quercus mohriana Southern live oak Quercus virginiana Texas ash Fraxinus texansis Texas red oak Quercus buckleyi (texana) Texas sycamore Platanus occidentalis Vasey oak Quercus pungens var.vaseyana 2.Approved Ornamental, Evergreen and Palm Trees Aleppo pine Pinus halepensis Anacacho orchid tree Bauhinia congesta Bradford Pear Pyrus calleryana California fan (exotic) Washingtonia filifera Carolina buckthorn Rhamnus caroliniana Condalia, brazil Condalia hookeri Crepe myrtle, etc. (exotic) Lagerstroemia indica, fauriei, and X's Desert willow Chilopsis linearis Dwarf Palmetto Sabel minor Eastern red cedar Juniperus virginiana Escarpment live oak Quercus fusiform is Evergreen Sumac Rhus virens Flameleaf sumac Rhus lanceolata Goldenball leadtree Leaucaena retusa Lavender tree Vitex agnus-castus Mediterranean fan palm (exotic) Chamaerops humilius Mexican buckeye Ungnadia speciosa Mexican Palmetto, sable Sabal mexicana Mexican pinyon pine/Remote pine Pinus cembroides Mexican redbud Cercis reniformis Mountain laurel or mescal bean Sophora secundiflora Possum-haw holly Ilex deciduas Rusty blackhaw Viburnum rufidulum Texas Crabapple Mollis texana Texas or Oklahoma redbud Cercis canadensis var.texensis Texas Palmetto, sable Sabal texana Texas persimmon Diospyrus texana Texas Pistache Pistacia texana Texas sophora or Eve's Necklace Sophora affinis Wild olive, Mexican wild olive Cordia boissieri Yaupon holly Ilex vomitoria 3.Approved Shrubs,Vines, Perennials and Ground Cover Agarita, Agarito Berberis (Mahonia) trifoliata Agarita,Tx. Barberry Berberis spp. Althea, Rose-of-Sharon Hibiscus syriacus American Beauty Callicarpu americana Artemesia Artemesia spp. Asian Jasmine Trachelospermum asiaticum • Asparagus Fern Asparagus sprengeri Aster Aster spp. Autumn Sage Salvia greggii Bird of Paradise Caesalpinia gilliesi Blue Sage, Mealy Sage Salvia farenaceae Blue Shrub Sage Salvia ballotaeflora Bottlebrush Callistemon spp Bougainvillea Bougainvillea Brazilian Sky Flower Duranta repens Buckley Yucca Yucca constricta Bush Morning-Glory Ipomea fitulosa Butterfly Bush Buddleia spp. Butterfly Vine Mascagnia spp. Orchid Vine Stigmaphyllon littorale Cape Honeysuckle Tecoma capensis Caroline Jessamine Gelsemium sempervirens Cat Claw Mimosa, Fragrant Mimosa Mimosa bluncifera Century Plant Agave americans Cigar Plants Cuphea spp. Columbine Aquilegia spp. Confederate Jasmine, Star Jasmine Trachelospermum jasminoides Coppertone Loquat Eriobotrya x"Coppertone" Coral Honeysuckle Lonicera sempervirens Coral Vine, Rosa-De-Montana, Queens Wreath Antigonon leptopus Coralberry Symphoricapus orbiculatus Dwarf Nandina Nandina domestics"nana"etc. Dwarf Yaupon Ilex vomitoria nana Elderberry Sambucus Canadensis Evening Primrose Oenothera speciosa Fern Acacia Acacia hirta Firecracker Plant Russelia equisetiformis Fireman's Cap, Coral Tree Erythina crista-galli Four-nerve Daisy Hymenoxys scaposa Frogfruit Phyla humilis Gayfeather Liatris spp. Giant Liriope Liriope gigantea Golden Shrub Daisy Euryops pecinatus African Bush Daisy Gamolepis chrysanthemoides Guara Gaura spp Hawthorn . Crataegus spp. Heartleaf Hibiscus Hibiscus cardiophyllus Hibiscus,Texas Star Hibiscus coccineus Hummingbird Bush Anisacanthus spp. Illinois Bundleflower Desmanthus illinoensis Iris Iris spp Italian Jasmine Jasminium floridum Juniper Juniper spp Lady Banksia Rose Rosa Banksiae Lantana Lantana spp. Lily Turf, Liriope (Std., "Big Blue") Liriope muscari vars Lindheimer Senna Cassia lindheimeriana Mexican Bird of Paradise Caesalpinia mexicana Mexican Butterfly Weed Asclepias tuberosa Mexican Flame Vine/Love Vine Senecio confuses Mexican Marigold Tagetes Ilucida Mexican Oregano Poliomentha longiflora Mexican Shrimp Plant Justicia suberecta Mist Flower Eupatroium spp. Mondo Grass, Monkey Grass Ophiopogon japonica Mountain Sage Salvia regla Nandina Nandina domestics spp. Narrow-leaf Yucca Yucca agustifolia Passion Vine Passiflora allatocaerrulea(P.pfordtii) Passionflower Passifloria incarnate Pigeonberry Rivina humilis Pink Skullcap Scutelleria spp. Pomegranate (Regular and Dwarf) Puncia granatum Prairie Phlox Phlox spp. Primrose Jasmine Jasminum mesnyi Primrose Primrose spp. Prostrate Rosemary Rosemarinus officinales vars. Purple Coneflower Echinacea purpurea Red Yucca Hesperaloe parviflora Rock Rose Pavonia lasiopetala Rosemary Rosemarinus spp. Salvia Salvia spp. Santolina Santolina spp. Shrimp Plant Justicia spp. Silk Tassel Garrya ovata lindheimer Softleaf Yucca Yucca pendula Sotol Dasylirion spp. Spanish Dagger Yucca treculeana St. John's Wort Hypericum spp Texas Clematis, Scarlet Leatherflower Clematis texensis Texas Elbow Bush Foresteriera pubeseebs Texas Silverleaf, Sage, Cenizo Leucophyllum frutescens Texas Wisteria Wisteria macrostachya Thompson Yucca Yucca thompsonia Trumpet Vine,Trumpet Creeper Campsis radicans x"Madame Galen" Turk's Cap Malvaviscus drummondii Twisted-leaf Yucca Yucca rupicola Verbena Verbena spp. Virginia Creeper Parthenocissus quinquefolia Wax Myrtle- Dwarf, Standard Myrica cerifera White Bush Honeysuckle Lonicera albiflora Winecup Callirhoe involuerata Wisteria, evergreen Wisteria millettia veticulata Witchhazel Hamamelis virginiana Yarrow Achillea millefolium Yew Podocarpus macrophyllus Yucca Yucca spp. 4.Approved Ornamental Grasses Bamboo Muhly Muhlenbergia dumosa Big Bluestern Andropogon gerardii Deer Muhly Muhlenbergia rigens Eastern Gama grass Tripsacum dactyloides Gulf Muhly Muhlenbergia capillaris Indian Grass Sorghastrum natums Inland Sea Oats Chasmanthium latifolium Lindheimer Muhly Muhlenbergia Iindheimer Little Bluestem Schizaachyrium scoparium Mexican Feathergrass Stipa tenuissima Pine Muhly Muhlenbergia dubia Seep Muhly Muhlenbergia reverehonii Sideoats grama Bouteloua curtipendula Switch Grass Panicum virgatum Weeping Muhly Muhlenbergia dubioides Western Wheatgrass Agropyron smithii 5. Approved Turf Grasses* Bermuda grass Cynodon dactylon var. dactylon Buffalo grass Buchloe dactyloides Blue Grama Bouteloua gracilis Zoysia Grass Varieties Zoysia sp. *The City will consider additional varieties of turf grass that have summer dormancy characteristics. Summer dormancy is defined as the ability of turf grass to survive without water for a period of sixty (60) consecutive days during the months of May through September. 6. Undesirable Trees Common Name Scientific Name Arizona Ash Fraxinus velut Ashe-Juniper, Mountain Cedar Juniperus ashei Box Elder Acer negundo Chinaberry tree Melia azedarach L. Chinese Loquat or Loquat Eriobotrya japonica Chinese ParasolNarnish Tree Firmiana simplex Chinese Tallow Sapium sebiferum Golden-Rain Tree Koelrenteria paniculata Huisache or SweetAcaciaAcacia farnesiana Japanese Plum Prunus salicina Ligustrum or Privet Ligustrum japonicum Lombardy Popular Populus nigra"italica" Mesquite Prosopis glandulosa Mimosa Albizia julibrissin Paper Mulberry Broussonetia papyrifera(L.) L.(Her. ex. Vent.) Saltcedar Tamarix ramosissima Ledeb. Sugarberry or Hackberry Celtis laevigata Tree of Heaven Ailanthus altissima Section 11.0 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 Ordinance shall be applicable. • Section 12.0 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.