HomeMy Public PortalAboutOrdinance No. 1109-08 03-11-2008 1109-08
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
ENACTING CHAPTER 48 OF THE CITY CODE ESTABLISHING
CERTAIN LANDSCAPING REQUIREMENTS FOR COMMERCIAL,
INDUSTRIAL, AND RESIDENTIAL DEVELOPMENT; AMENDING
CHAPTER 90 OF THE CITY CODE TO INCORPORATE SUCH
PROVISIONS; AND AMEND CERTAIN PROVISIONS REGARDING
SCREENING FENCES AND VISIBILITY; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR
VIOLATION; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council has previously determined that the establishment of
landscaping requirements for commercial, industrial and residential properties enhances the public
welfare, preserve; protect and enhance the ecological and aesthetic qualities of the City; improve
the quality of life for residential and corporate citizens; improve the visual appearance of the City;
protect and increase public and private property values, thereby encouraging new development and
re-development within the City; promote quality development and protect the City from
uncontrolled development; and protect residential land use from commercial and industrial land
uses; and
WHEREAS, the City Council has previously enacted a Landscape Code, which is currently
codified as Chapter 48 of the City Code; and
WHEREAS, the City Council has since determined that the Landscape Code as currently
codified is too onerous, complex and difficult to apply, and discourages new development in the
City, and has charged the Planning and Zoning Commission with the task of simplifying it and
revising it to remove unnecessary impediments to development, while still providing the benefits
and protections that regulations of this type generally provide to citizens of a municipality;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTIQN 1.
REPLACEMENT OF CHAPTER 48 OF THE CITY CODE
Chapter 48 of the Richland Hills City Code is hereby amended in its entirety to provide as
follows:
ARTICLE I.
GENERAL PROVISIONS
Section 48-1. Intent and Purposes.
It is the intent of this Chapter to do the following:
1. establish requirements for the installation and maintenance of landscaping and buffering
elements and other means of site improvement on new development as defined herein, whiclp
includes redevelopment of certain previously-developed property in certain instances, ila
order to enhance the community's ecological, environmental and aesthetic qualities;
2. reduce the negative effects of increases in air temperatures, glare, noise, erosion, flooding;
and sedimentation caused by expanses of impervious and non-vegetated surfaces within the
urban environment;
3. preserve and improve the natural urban environment by recognizing that the use of
landscaping elements can contribute to the process of air purification; oxygen regeneration;
ground water recharge; storm water runoff retardation; and the abatement of noise, glare and
heat;
4. safeguard and enhance property values and protect public and private investment by
encouraging quality new development and re-development within the City;
5. provide elements for visual buffering between zoning districts of different character and
private uses and public spaces in order to mitigate the effects of potential nuisances such as
dirt, litter, noise, heat, and glare of lights; and to provide spacing between different uses that
are considered incompatible;
6. preserve, protect and enhance the ecological and aesthetic qualities of the City;
7. improve the quality of life for residential and corporate citizens;
8. improve the visual appearance of the City;
9. allow for flexibility and encourage innovation and variety in landscape design within the
City; and
10. encourage the preservation of existing trees, promote the use of native and other
drought-resistant plant species, encourage water conservation principles, and
encourage the use of perennial color.
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Section 48-2. Definitions.
The definitions used in Chapter 90 of the City Code shall apply to this Chapter, except to the
extent that a different definition is provided herein. The following words, terms and phrases, when
used in this Chapter, shall have the meanings ascribed to them in this section, except where thtA
context clearly indicates a different meaning:
Abut means to share a common boundary line or point.
Adjacent means to share a common boundary line or point or to be separated only by a public
easement, right-of--way, alley or street of no more than forty (40) feet in width. '
Berm means an earth form mound with a gently sloping side that does not exceed one (1) foot of
elevation rise to three (3) feet of horizontal distance.
Buffer Yard means a zone of green space intended to provide a measure of separation between uses;
Caliper means the average diameter measurement of the trunk of a tree. Caliper is to be measured
at six (6) inches above grade when a caliper of four (4) inches or smaller is required, at twelve (12
inches above grade when a caliper between four (4) inches and twelve (12) inches is required, and
measured at four and one-half (4-1 /2) feet when a caliper larger than twelve (12) inches is required.
Canopy tree means a tree identified as a Canopy Tree in the List of Approved or Desirable Plants
contained in Exhibit A to this Chapter.
Certif ed Nurseryman means a person holding a certification as a either a Texas Certified Nursery
Professional or a Texas Master Certified Nursery Professional from the Texas Nursery & Landscape
Association.
Curb means a continuous vertical element with a minimum of five (5) inches in total height above
the surface of a street or roadway abutting the property, and structurally capable of stopping ai
vehicle's wheel.
Desirable Species means a plant species determined to be long-living, indigenous to this area,
drought tolerant, not prone to disease, pests, or other maintenance concerns, and shall include only
those plants identified in the List of Approved or Desirable Plants contained in Exhibit A to this
Chapter.
Development means the physical alteration of land by humans. This includes one or more of any
of the following: subdivision of land; construction or alteration of structures, streets, walkways
utilities or other facilities; installation of septic systems; grading; deposit of refuse, debris, or fill
materials; or clearing of natural vegetation cover unless the sole purpose is to permit agricultural
activities. Development does not include routine repair and maintenance activities or the
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construction of fences solely for the purpose of enclosing livestock permitted by this Chapter and
other applicable City ordinances.
Drip Irrigation means a system of emitters designed to deliver irrigation water to the root zone of
plant material without broadcasting over the top of the plant material.
Educational Use means any use listed as a permitted use (with or without a Special Use Permit
under the category or section defined or identified as "Educational Uses" in the Land Use Table
contained in Section 90-201 of Chapter 90 of the City Code.
Existing Tree means a tree that exists on a site prior to development.
Expansion means any construction activity that results in an increase in the floor or roof area of thr~
structures on a property.
Landscape Administrator- means the individual charged with administering this Chapter, as
designated by the City Manager.
Landscape Architect means a person holding a valid and current license as a Landscape Architect
from the State of Texas.
Low-growing Shrub means an approved shrub which generally is expected to grow no more than
thirty-six (36) inches in height, identified as aLow-Growing Shrub in the List of Approved or
Desirable Plants contained in Exhibit A to this Chapter.
Masonry shall have the meaning contained in Section 90-4 of Chapter 90 of the City Code, provided;
however, that when used in this chapter in regard to screening walls, engineered decorative concrete
panel construction shall also be permitted.
Native Plant Material means plant materials as listed in the current issue of the Texas Native Trey
and Plant Directory produced by the Texas Department of Agriculture.
New Development means any of the following:
1. When an existing building is remodeled, altered, or expanded, and the value of the..
construction (excluding the requirements of this Chapter) exceeds seventy-five percent
(75%) of the current appraised value of the existing structures, excluding the value of the;
land, as determined by the Chief Building Official or the Chief Building Official's designee;'.
or
2. When the total area of the building or buildings on the property are increased in size by 25%.
or greater; or
3. When buildings are constructed upon currently undeveloped property; or
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4. When the primary or main building on a property is demolished and a new buildings
constructed; or
5. When compliance is made a requirement for approval of a Special Use Permit (SUP) or
Planned Unit Development (PUD).
Ornamental Tree means a tree identified as an Ornamental Tree in the List of Approved or Desirable
Plants contained in Exhibit A to this Chapter.
Public, Civic and Utility Uses means any use listed as a permitted use under the category or section
defined or identified as "Public, Civic and Utility Uses" in the Land Use Table contained in Section
90-201 of Chapter 90 of the City Code, except "parks, playgrounds/playfields."
Solid Screening Fence shall have the meaning contained in Section 90-4 of Chapter 90 of the City
Code.
Stucco shall have the meaning contained in Section 90-4 of Chapter 90 of the City Code.
Tall Shrub means an approved shrub which generally is expected to grow more than thirty-six (36)
inches in height, identified as a Tall Shrub in the List of Approved or Desirable Plants contained irX
Exhibit A to this Chapter.
Undesirable Species means a plant species prone to disease, pests, or other maintenance concerns,
and shall include all plants listed in Exhibit B, attached as an Appendix to this Chapter.
Section 48-3. Applicability.
The provisions of this Chapter shall apply in all zoning districts throughout the City to alj
new development, but not to existing development except as otherwise expressly provided herein„
Section 48-4. Exemptions from Application of Chapter for Restoration.
These requirements shall not apply to property development the purpose of which is to
restore existing structures that have been damaged by fire, explosion, flood, tornado, riot, or other
sudden casualty or calamity of any kind, provided the property owner first obtains a permit allowing
such restoration as provided in this Chapter, and further provided that such construction is
commenced within twelve (12) months after the date of such casualty or calamity, and completed
within eighteen (18) months.
Section 48-5. Minimum Standards and Requirements.
The standards and requirements contained in this Chapter are considered minimum standards
and requirements.
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Section 48-6. Graphic Depictions.
The graphic depictions and illustrations attached as Exhibit C to this Chapter are fot-
illustrative and interpretative purposes only. To the extent, if any, that such graphic depictions anc!
illustrations conflict with any of the written provisions of this ordinance, the written provisions shall
control.
Sections 48-6-48-20 Reserved for Expansion
ARTICLE II.
REQUIREMENTS
Section 48-21. Landscape Plan Requirements.
When an application is submitted for a building permit on any property subject to this
Chapter, a landscape plan shall accompany the building permit application. The Landscape
Administrator shall review the landscape plan to determine compliance with the requirements ofthis
Chapter.
a.Contents of
Plan. A Landscape Plan shall include sufficient information to determine compliance
with this Chapter and shall at a minimum contain the following information:
(1) The title, date, scale, directional arrow, street address and legal description of the
property, and name, address and telephone number of the applicant;
(2} A scale of not more than ten (10) feet to one inch, provided that the scale may be
reduced if necessary to contain the plan on one sheet thirty-six (36) inches by
twenty-four (24} inches in size. If the scale has been reduced as provided herein, the
applicant shall produce larger scale copies upon request of the Landscapt
Administrator or the Planning and Zoning Commission;
(3) The location of all existing and proposed buildings and other structures, paved areas,:,
utility lines, planted areas, power poles, light standards, fire hydrants, signs, fences,!.
sidewalks and permanent features to be added and/or retained on the site;
(4) The location and height of all trees to be preserved or retained;
(5) The type, size, and location of all plants and landscaping material to be used
including trees, shrubs, paving, benches, screen, fountains, statues or other features;
(6) A delineation of the designed landscaped area;
(7) A special list of all plant material to be used, along with a legend indicating the
specific type and size of trees and shrubs to be planted at each location, and a list of
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any existing trees and shrubs to be preserved or retained, along with a legend
indicating the specific type, size and location of any existing trees and shrubs to b~
preserved or retained;
(8) The spacing of plant material where appropriate;
(9) Notes, drawings, or other confirmation that an irrigation system equipped with rairp
and freeze sensor controls will be provided for all landscaping areas; and
(14) The name, address and telephone number of the person or firm responsible for the
reparation of the landscape plan.
b. Who may draft the Landscape Plan. The required landscape plan for lots larger than one (1)
acre in size shall be prepared by a licensed landscape architect or certified nurseryman>
Landscape plans for lots one (1) acre in size or smaller may be prepared by the applicant of
other person other than a licensed landscape architect or certified nurseryman.
c. Required plantings. All landscaping and plants required by this Chapter shall be of one ox
more desirable species referenced in the approved plant list contained in Exhibit A of this
Chapter.
d. Water-saving design encouraged. All landscape plans are encouraged to use low-water o>~
drought-resistant plants and designs (e.g. xeriscape) and drip irrigation.
e. Adjustment of requirements to comply with other governmental regulations. The
requirements of this Chapter applicable to the area abutting any public street right-of--way
which is owned or regulated by any governmental entity other than the City, such as the,
Texas Department of Transportation, shall be modified to the extent necessary to comply
with such other regulations, but shall be applied to the greatest extent permitted under such
circumstances.
Section 48-22. Improvements required before Certificate of Occupancy.
All landscaping and other improvements which are required by this Chapter or which are
shown on the approved landscape plan shall be installed prior to the issuance of a Certificate of
Occupancy, except as otherwise provided herein. The Chief Building Official shall not issue a
Certificate of Occupancy until the Landscape Administrator determines that all landscaping has beers
installed in accordance with the approved landscape plan, provided, however, that if it is determined
by the Landscape Administrator that planting of live material is hindered by adverse weather
conditions, or that the viability of such plantings would be threatened by such adverse weather
conditions, the Chief Building Official may grant an extension of time of up to six (6) months, and
in such case, the Chief Building Official shall issue a conditional temporary Certificate of
Occupancy prior to completion of the required landscaping if all other requirements for such a
Certificate of Occupancy have been met. If the Chief Building Official issues a conditional'
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temporary Certificate of Occupancy prior to completion of the required landscaping, such
conditional Certificate of Occupancy shall be limited in duration to the period of any such extensiorn
granted.
Section 48-23. Regulations for Specific Zoning Districts and Uses.
a. RequirementsforSmgle-Family and Two-Family Residential Properties. All one-family ancJ
two-family residential dwellings subject to this Chapter shall have installed not less than six
(6) shrubs and two (2) three-inch caliper canopy trees. Two ornamental trees may b~
substituted for each required canopy tree at the applicant's discretion. Such required
landscaping shall be located within the front yard and be in a thriving condition at time o~
final inspection of the main structure.
b. Requirements for Commercial, Industrial, and Multi-Family Properties. The following
requirements shall apply to all commercial (including C-1 restricted commercial, C-2 genera)
commercial, and C-3 multi-story general commercial), industrial (including I-1 light
industrial and I-2 heavy industrial) and multi-family (including R-3 residential multi-family
medium density and R-4 residential multi-family high density but not R-2 two-family)
properties:
(1) Landscaping Area Percentage. Landscaping shall be maintained on an area not less
than fifteen (15%) of the total lot area. Only those areas with live plant materials
shall be included in the calculation for determining compliance with the percentage
of lot coverage. Any required landscaped areas may be included in the overall
calculation of the percentage of required landscaping.
(2) No bare soil permitted. All ground surfaces not used for buildings, sidewalks,
roadways or other impervious surfaces shall be covered with live grass, turf
shrubbery, trees, ground cover, flowering plants or appropriate mulching, so that na
area shall be maintained with bare soil. Any plant type or species may be used in the
landscape plan, but in those instances this Chapter requires a specific number of trees
or shrubs, only those trees and shrubs listed in Exhibit A to this Chapter may be used
to satisfy such requirements.
(3) Required Landscaped Setbacks.
(A) The following landscaped areas are required:
(i) Landscaped Street SetbackArea. There shall be a Landscaped Street
Setback Area having a minimum width of five (5) feet adjacent to alJ
public street right-of--way. No paving, parking areas, loading areas,
outside storage or outside display areas shall encroach into these.
required landscaped setback areas with the exception of ingress and
egress drives.
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(ii) Landscaped Buffer Setback Area. There shall be a Landscaped
Buffer Setback Area having a minimum width of five (5) feet
adjacent to any abutting single-family residentially-zoned property
(R-IL single family residential large lot, R-1 single-family
residential) or atwo-family residentially-zoned property (R-2 two-
family residential), or a city park, regardless of whether such single-
family or two-family residential property or park abuts the side or
rear property line. Commercial and industrial properties with a depth
of two hundred and fifty (250) feet or greater that abut single-family
or two-family residential property or park along the rear shall have
a Landscaped Buffer Setback Area having a minimum width of terl
(l 0) feet along the rear of such property, and commercial and
industrial properties with a width of two hundred and fifty (250) feet
or greater that abut single-family or two-family residential property;
or park along a side shall have a Landscaped Buffer Setback Areal
having a minimum width of ten (10) feet along each side of such
property that abut single-family ortwo-family residential property o>'
park. Roof overhangs and awnings are permitted within thig
Landscaped Buffer Setback Area as long as no conflict exists with the
required landscaping or any other City ordinance. No paving;
parking areas, loading areas, outside storage or outside display area
shall encroach into these required Landscaped Buffer Setback Areas.
To the extent any Landscaped Buffer Setback Area overlaps with a
Landscaped Street Setback Area, the requirements for the
Landscaped Street Setback Area shall govern in the area of such
overlap.
(iii) Parking Entrance Islands. Each drive approach for a property shah
be constructed with Parking Entrance Islands on each side of the
driveway. Each Parking Entrance Island shall be located on the,
property being developed, and shall not extend into any required
Landscaped Street Setback Area or Landscaped Buffer Setback Area;,
Each Parking Entrance Island shall be at least eighteen (18) feet in
depth and six (6) feet in width.
(4) Required Trees.
(A) Landscaped Street Setback Area. No trees shall be required within a
Landscaped Street Setback Area.
(B) Landscaped Buffer Setback Area. No trees shall be required within a
Landscaped Buffer Setback Area.
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(C) Parking Entrance Island. Each Parking Entrance Island shall contain one (1)
canopy tree at least three (3) caliper inches in size.
(D) Additional Tree Requirements. In addition to any trees otherwise required
by this Chapter, there shall be planted one Canopy Tree at least three (3}
caliper inches in diameter for each five thousand (5,000) square feet of lot or
property area (including any areas of impervious coverage).
(E) Substitution of Trees. Two ornamental trees at least two (2) caliper inchesi
in size may be substituted for each required canopy tree at the applicant's
discretion. Existing approved trees at least three (3) caliper inches in size;
may be used to meet the requirements of this Chapter provided that such
existing tree is situated within the area in which the tree for which
substitution is requested is to be located, provided, however, that if an
existing tree is counted as a required tree under this Chapter, no landscaping!
credits shall be available for such existing tree under this Chapter.
(5) Required Shrubs.
(A) Landscaped Street SetbackArea. Each Landscaped Street Setback Area shall'
contain low-growing shrubs the entire length of the area planted on three (3)
foot centers. To the extent permitted by space considerations, such shrubs.
shall not be planted in a straight line, but instead shall be offset. All shrubs
in this area shall be at least twenty-four (24} inches in height when planted
and maintained between twenty-four (24) inches and thirty-six (36) inches
in height.
(B) Landscaped Buffer Setback Area. Each Landscaped Buffer Setback Area:
shall contain tall shrubs the entire length of the area planted on five (5) foot;
centers. To the extent permitted by space considerations, such shrubs shall'.
not be planted in a straight line, but instead shall be offset. All shrubs in thin
area shall be at least forty-eight (48) inches in height when planted and
maintained thereafter at a height between twelve (12) inches below and;
twelve (12) inches above the solid screening fence, or, in the absence of a
solid screening fence, between seventy-two (72) and ninety-six (96) inches
in height.
(C) Parking Entrance Island. Each Parking Entrance Island shall contain no less
than twelve (12)low-growing shrubs. All shrubs in this area shall be at least..
twenty-four (24) inches in height when planted and shall be maintained'-
between twenty-four (24) inches and thirty-six (36) inches in height.
(6) Screening fence. A solid screening fence or screen shall be required as provided in
Chapter 90 of the City Code.
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(7) Commercial roll-off waste container buffering requirements.
(i) Requirements. Each commercial waste container shall be completer
screened from view of public streets and adjacent properties by a solid
screening fence surrounding such refuse facility on three sides by masonry
walls not less than one (1) foot higher than the height of the bin or container,
The opening shall be situated so that the container is not visible from
adjacent properties or public streets unless the opening is equipped with an
opaque gate. Opaque gates are required, which gates shall remain closed
except during refuse collection or servicing of the commercial waste
container. Gates must have tie-backs to secure them in the open position.
(ii) Applicability to existing development: If a commercial waste container i5
placed on existing development either where no such commercial waste
container was previously located, or if one or more commercial waste
containers are added, all commercial waste containers shall be screened it
accordance with this section, provided, however, that this shall not be
construed as requiring such screening if a new commercial waste container
is replacing apreviously-existing commercial waste container.
c. Requirements for Educational Uses, and Public, Civic and Utility Uses
The following requirements shall apply to all Educational Uses and all Public, Civic, and
Utility Uses, as defined herein, regardless of which zoning district they are located:
(1) Landscaping Area Percentage. Landscaping shall be maintained on an area not les9
than fifteen (15%) percent of the total lot area. Only those areas with live plant
materials shall be included in the calculation for determining compliance with the
percentage of lot coverage. Any required landscaped areas may be included in the
overall calculation of the percentage of required landscaping.
(2) No bare soil permitted. All ground surfaces not used for buildings, sidewalks;
roadways or other impervious surfaces shall be covered with live grass, turf,
shrubbery, trees, ground cover, flowering plants or appropriate mulching, so that no
area shall be maintained with bare soil.
(3) Required Landscaped Setbacks.
(A) The following landscaped areas are required:
(i) Landscaped Street SetbackArea. There shall be a Landscaped Street
Setback Area having a minimum width of five (5) feet adjacent to all
public street right-of--way. No paving, parking areas, loading areas,:
outside storage or outside display areas shall encroach into these
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required landscaped setback areas with the exception of ingress and
egress drives.
(ii) Landscaped Buffer Setback Area. There shall be a Landscaped
Buffer Setback Area having a minimum width of five (5) feett
adjacent to any abutting single-family residentially-zoned property
(R-1L single family residential large lot, R-1 single-family
residential) or atwo-family residentially-zoned property (R-2 two*
family residential), or a city park, regardless of whether such single
family or two-family residential property or park abuts the side of
rear property line. Educational Uses and all Public, Civic, and Utility
Uses with a depth of two hundred and fifty (250) feet or greater that
abut single-family or two-family residential property or park along
the rear shall have a Landscaped Buffer Setback Area having a
minimum width often (10) feet along the rear of such property, and
Educational Uses and all Public, Civic, and Utility Uses with a width
of two hundred and fifty (250) feet or greater that abut single-family]
or two-family residential property or park along a side shall have ~
Landscaped Buffer Setback Area having a minimum width of ten
(10) feet along each side of such property that abut single-family o~
two-family residential property or park. Roof overhangs and awnings
are permitted within this Landscaped Buffer Setback Area as long as
no conflict exists with the required landscaping or any other City
ordinance. No paving, parking areas, loading areas, outside storage
or outside display areas shall encroach into these required
Landscaped Buffer Setback Areas. To the extent any Landscaped
Buffer Setback Area overlaps with a Landscaped Street Setback
Area, the requirements for the Landscaped Street Setback Area shah
govern in the area of such overlap.
(iii) Parking Entrance Islands. Each drive approach for a property shall
be constructed with Parking Entrance Islands on each side of thn
driveway. Each Parking Entrance Island shall be located on the
property being developed, and shall not extend into any required
Landscaped Street Setback Area or Landscaped Buffer Setback Area..
Each Parking Entrance Island shall be at least eighteen (18) feet in
depth and six (6) feet in width.
(4) Required Trees.
(A) Landscaped Street Setback Area. No trees shall be required within a
Landscaped Street Setback Area.
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(B) Landscaped Buffer Setback Area. No trees shall be required within a
Landscaped Buffer Setback Area.
(C) Parking Entrance Island. Each Parking Entrance Island shall contain one (1)
canopy tree at least three (3) caliper inches in size.
(D) Additional Tree Requirements. In addition to any trees otherwise required
by this Chapter, there shall be planted one Canopy Tree at least three (3)
caliper inches in diameter for each five thousand (5,000) square feet of lot of
property area (including any areas of impervious coverage).
(E) Substitution of Trees. Two ornamental trees at least two (2) caliper inche$
in size may be substituted for each required canopy tree at the applicant'
discretion. Existing approved trees at least three (3) caliper inches in size
may be used to meet the requirements of this Chapter provided that such
existing tree is situated within the area in which the tree for which
substitution is requested is to be located, provided, however, that if all
existing tree is counted as a required tree under this Chapter, no landscaping
credits shall be available for such existing tree under this Chapter.
(5) Required Shrubs.
(A) Landscaped Street SetbackArea. Each Landscaped Street Setback Area shall
contain low-growing shrubs the entire length of the area planted on three foot
centers. To the extent permitted by space considerations, such shrubs shall
not be planted in a straight line, but instead shall be offset. All shrubs in this
area shall be at least twenty-four (24) inches in height when planted and
maintained between twenty-four (24) inches and thirty-six (36) inches in,
height.
(B) Landscaped Buffer Setback Area. Each Landscaped Buffer Setback Area
shall contain tall shrubs the entire length of the area planted on five food
centers. To the extent permitted by space considerations, such shrubs shall
not be planted in a straight line, but instead shall be offset. All shrubs in this
area shall be at least forty-eight (48) inches in height when planted and
maintained thereafter at a height between twelve inches below and twelve
inches above the solid screening fence, or, in the absence of a solid screening
fence, between seventy-two (72) and ninety-six (96) inches in height.
(C) Parking Entrance Island. Each Parking Entrance Island shall contain no less
than twelve (12) low-growing shrubs. All shrubs in this area shall be at least
twenty-four (24) inches in height when planted and shall be maintained
between twenty-four (24) inches and thirty-six (36) inches in height.
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(6) Screening fence. A solid screening fence or screen shall be required as provided in
Chapter 90 of the City Code.
(7) Commercial roll-off waste container bicffering requirements.
(i) Requirements. Each commercial waste container shall be completer
screened from view of public streets and adjacent properties by a solid
screening fence surrounding such refuse facility on three sides by masonry
walls not less than the height of the container. The opening shall be situated
so that the container is not visible from adjacent properties or public streets
unless the opening is equipped with an opaque gate. Opaque gates are
required, which gates shall remain closed except during refuse collection or
servicing of the commercial waste container. Gates must have tie-backs tq
secure them in the open position.
(ii) Applicability to existing development: If a commercial waste container i~
placed on existing development either where no such commercial wash
container was previously located, or if one or more commercial wash
containers are added, all commercial waste containers shall be screened in
accordance with this section, provided, however, that this shall not be
construed as requiring such screening if a new commercial waste container
is replacing apreviously-existing commercial waste container.
Section 48-24.General Requirements for Required Landscaped Areas.
a. Separate Requirements. Each landscaped area required by this Chapter is a separate
requirement, and the requirements for any required landscaped area cannot be satisfied by
landscaping or plants used on any other part of the lot or property, including any other
required landscaped area, except as expressly permitted otherwise in this Chapter.
b. Visibility. Nothing in this Chapter shall be construed as permitting any obstruction to viev~ij
which may constitute a traffic hazard. Landscaping shall not be erected or installed in such]
a manner as to interfere with traffic view or impose a safety hazard. All landscaping shah
comply with requirements for visibility sight triangles and other traffic safety laws and
regulations, and to the extent of any conflict with such provision, the provisions of this
Chapter shall be modified, but only to the extent required to conform to such other
regulations.
c. Requirements for landscaped areas. All required landscaped areas shall be covered with
grass, ground covers, shrubs, trees or a combination thereof, in compliance with the
requirements for any specific type of landscaped area as provided by this Chapter. No part
of any landscaped area shall be maintained with bare soil.
Section 48-25. Landscaping Credits.
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a. Purpose. The provision of credits as described herein for preservation of existing quality
approved trees and shrubs and the planting of additional quality approved trees and shrubs
is intended to encourage the enhancement of property through additional landscaping
elements and to provide relief to applicants whose property is configured so as to make the
requirements of this Chapter impractical.
b. General Criteria. As an alternative to providing the required fifteen percent (15%) total
landscaped area, the applicant may utilize landscape credits as provided herein to reduce the
total amount of land area dedicated for landscaping purposes. However, in no instance shall
the credits reduce the total amount of landscaping on a lot to less than ten percent (10%) o~
the total land area. Credits are allowed for both existing or newly planted trees and shrubs
but only if the trees or shrubs are approved species listed in Exhibit A of this Chapter and
are maintained as a permanent element of the landscape plan.
c. Creditfor Trees. Credit shall be allowed as shown in Table 1. However, landscaping credit
shall be allowed only for those trees contained in Exhibit A of this Chapter.
Table 1
Equivalent Landscape Area for Trees
Caliper of Trees at 12 inches Above Grade, Equivalent Landscaped Area
When Planted Credits (square feet)
1" 200 S.F.
2" 400 S.F.
3" 600 S.F.
4" 800 S.F.
5" 1,000 S.F.
6" and above 1,200 S.F.
Section 48-26. Installation and Maintenance of Landscaping and Irrigation.
All landscaping maintenance shall be the responsibility of the property owner. The
following minimum standards shall apply:
a. Maintenance. All landscaped areas shall be permanently maintained in healthy growing.
condition in accordance with the requirements of this Chapter, regardless of whether such
landscaped area is required by this Chapter.
b. Irrigation systems requirements. All landscaped areas shall be irrigated with an automatic.
irrigation system equipped with rain and freeze sensor controls. A licensed irrigator or
master plumber shall install the irrigation system, and certify in writing that it has been'
properly installed in conformance with all applicable laws, regulations, ordinances, and the
approved landscape plan.
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c. No overflow. Irrigation of all landscaped areas abutting any parking and/or driving surfaces
shall be installed and maintained to minimize the amount of water applied to parking and/or
driving spaces.
d. Irrigation in right-of--way. Irrigation systems may be buried on public street right-of--way
only with the approval of the City Engineer, provided, however, that neither the City nor any
franchised utility will be responsible for damage to any landscaping material or equipmenti
while performing repairs of maintenance to its system.
e. Maintenance of landscaped areas. Landscaped areas shall be kept free of trash, litter;
weeds, and other such material not a part of the approved landscape plan, provided, however,
that the property owner may install additional plants so long as such additional plants are not
an undesirable species listed in Exhibit B to this Chapter, and so long as any such additions
are otherwise in compliance with applicable laws, regulations, and ordinances.
f. Maintenance of
plant materials. All plant materials shall be maintained in a healthy and
growing condition as appropriate for the season of the year. The property owner is
responsible for regular weeding, mowing, irrigation, fertilizing, pruning, and other
maintenance as needed to comply with this Chapter and other applicable laws, regulations,
ordinances, and the approved landscape plan. Where a maximum height is specified by this,
Chapter or other City regulation, the property owner shall maintain the plant materials irk
compliance with such requirements.
g. Replacement ofplants. If plants required by this Chapter or the approved landscape plan die,
the owner of the property shall replace them within thirty (30) days with live, healthy plants
of similar size of the same species, or of other desirable species of a similar type and size
listed in Exhibit A to this Chapter. If plants which are not required by this Chapter or the
approved landscape plan die, the owner of the property shall remove the dead plants within
(30) thirty days, and may, but is not required to replace the dead plants. If the owner elect
to replace the dead plants with other plants, so long as such replacement plants are not an
undesirable species listed in Exhibit B to this Chapter.
Sections 48-27-48-50 Reserved for Expansion
ARTICLE III.
ADMINISTRATION
Section 48-51. Jurisdiction and Powers of Landscape Administrator.
Except as otherwise expressly provided herein, the Landscape Administrator is the City
official authorized to enforce all provisions of this Chapter, and shall have all powers necessary to
do so, including but not limited to the following:
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a. Authority to inspect. The Landscape Administrator shall have the right to inspect premises
where required in the discharge of the responsibilities ofthe Landscape Administrator under
this Chapter.
b. Interpretation. The Landscape Administrator is authorized to determine the intent of the
City Council in enacting this Chapter where it is alleged there is error, ambiguity, conflict
or other need for interpretation of this Chapter, including an allegation of conflict with other
ordinances of the City.
c. Permits for Reconstruction. The Landscape Administrator is authorized to inform the Chief
Building Official whether it is appropriate under this Chapter to withhold issuance of ~
building permit or a certificate of occupancy for failure to comply with the provisions of this
Chapter, including concerning the reconstruction of an existing structure on a property on
which the landscaping would be non-conforming under this Chapter.
d. Approval of Plans and Permits. In approving any proposed landscape plan or other request,
the Landscape Administrator may designate such conditions, including time limits if
appropriate, in connection therewith in order to substantially secure the objectives and
preserve the integrity of this Chapter. When necessary the Landscape Administrator may
require guarantees, in such form as it deems proper, to insure that conditions designated in
connection therewith are being or will be complied with.
Section 48-52. Variances.
a. Conditions. The City Council may grant a variance from the terms of this Chapter. An
individual may request a variance of a requirement of this Chapter by filing written notice
of such application for a variance with the Landscape Administrator and by providing the
City Secretary a copy of such notice. The burden of proof in such appeal shall be on the
party appealing the decision. Such variance should be granted based only upon all of the
following criteria being met:
(1) Any variance may not be based solely upon monetary or financial considerations;,
(2) Any variance may be granted only upon a showing that the unique aspects of the
property at issue make compliance with all of the provisions of this Chapter
impractical or unreasonably difficult, such that strict compliance is impractical or
would impose an unreasonable financial cost on the applicant significantly
disproportionate to that incurred by other property owners covered by this Chapter;:
(3) Any variance granted should vary the terms of this Chapter only to the extend
necessary to accommodate the unique aspects of the property at issue;
(4) Any variance may not be based upon conditions substantially created by the
applicant;
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(5) Any requested variance must be clearly shown on the proposed landscape plan.
b. Fees. Every application for a variance shall be accompanied by a filing fee in the amount
established in the Fee Schedule attached as Appendix A to the City Code.
Section 48-53. Appeals.
Any aggrieved person may appeal any decision made by the Landscape Administrator with
regard to the requirements of this Chapter to the City Council by filing written notice of
such appeal with the Landscape Administrator and by providing the City Secretary a copy.
of such notice within ten (IO) days of the date of the decision being appealed. Every;
application for an appeal shall be accompanied by a filing fee in the amount established in.
the Fee Schedule contained as Appendix A to the City Code. The burden of proof in such;
appeal shall be on the party appealing the decision. The decision of the City Council shall'
be final
Section 48-54. Violations.
a. Violation procedures. If the Landscape Administrator shall find any of the provisions of
this Ordinance are being violated, the Landscape Administrator shall notify the owner of
the property, personally or in writing and give the owner ten (10) days to cure the violation.;
Written notice may be delivered in person or by mail to a violator or to any person in'
charge of property where a violation is occurring. The Landscape Administrator may give'
verbal notice to a violator in person. Either notice shall be effective. If the violation has
not been cured after such ten (10) day period, the Landscape Administrator may issue a
citation to the owner every day the property remains in violation of this Chapter.
b. Highest standard governs. Whenever the requirement of this Ordinance are at variance.
with the requirements of any other lawfully adopted rules, regulations or ordinances, the'
requirements that are most restrictive or that impose higher standards as determined by the'
Landscape Administrator shall govern.
CHAPTER 48 -EXHIBIT A
LIST OF DESIRABLE OR APPROVED PLANTS
This list is in addition to the currently allowed list of acceptable plants and trees:
Canoe, t
Common Name Scientific Name
Afghan Pine Pinus eldarica
Aristocrat Pear Pyrus calleryana `Aristocrat'
Austrian Pine Pinus nigra
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Bald Cypress Taxodium distichum
Bigtooth Maple Acer grandidentatum
Blackjack Oak Quercus marilandica
Bradford Pear Pyrus calleryana `Bradford'
Bur Oak Quercus macrocarpa
Caddo Maple Acer barbatum
Cedar Elm Ulmus crassifolia
Chinese Pistachio Pistacia chinensis
Chinquapin Oak Quercus muhlenbergii
Chitalpa Chilopsis x catalpa
Crabapple Mallus sp.
Durand Oak Quercus sinuate
Eastern Red Cedar Juniperus virginiana
Eldarica Pine Pinus eldarica
Ginkgo Gingko biloba
Honey Locust Gleditsia triacanthos
Honey Mesquite Prosopis glandulosa
Japanese Black Pine Pinus thunbergii
Lacebark Elm Ulmus parvifolia sempervirens
Live Oak Quercus virginiana
Loblolly Pine Pinus Taeda
Panicled Golden Raintree Koelreuteria panicultata
Pecan Carya illnoinensis
Post Oak Quercus stellata
Red Maple Acer rubrum
Shumard Oak Quercus shumardii
Texas Ash Fraxinus texensis
Texas Red Oak Quercus texana
Trident Maple Acer buergerianum
Western Soapberry Sapindus drummondii
Ornamental Trees
Common Name Botanical Name
Aristocrat Pear Pyrus calleryana
Crape Myrtle Lagerstroemia
Desert Willow Chilopsis linearis
Eves Necklace Sphora affinis
Foster Holly Ilex x attenuata
Goldenrain Tree Koelreuteria paniculata
Japanese Maple Acer palmatum
Lacey Oak Quercus glaucoides
Mexican Buckeye Ungnadia speciosa
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Mexican Plum Prunus mexicana
Mexican Redbud Cercis mexicana
Mountain Cedar Juniperus ashei
Nellie R. Stevens Ilex x `NRS'
Possumhaw Holly Ilex deciduas
Rusty Blackhaw Viburnm Viburnam rufidulum
Saucer Magnolia Magnolia soulangiana
Savannah Holly Ilex opaca
Sweetgum Liquidambar styrdciflua
Texas Redbud Cercis texensis
Texas Persimmon Diospyros texana
Washington Hawthorn Crataegus phaenopyrum
Wax Myrtle Myrica cerifera
Yaupon Holly Ilex vomitoria
Low-growing shrubs
Common Name Botanical Name
Agarita Mahonia trifoliate
Barberry Berberis thumbergii atropurpurea
Burford Holly Ilex cornuta `Burfordii '
Central Texas Sage Leucophyllum sp.
China Rose Rosa chinensis
Dwarf Palmetto Sabel minor
Forsythia Forsythia intermedia spectabilis
Grayleaf Cotoneaster Cotoneaster glaucophylla
Green Pittosporum Pittosporum tobira
Juniper Juniperus sp.
Nandina Nandina domestica
Pomegranate Punica granatum
Rosemary Rosemary offcialis
Tea Rose Rosa odorata
Yaupon Holly Ilex vomitoria
Variegated Pittsporum Pittospourum tobira variegate
Windmill Palm Trachycarpus fortunei
Tall shrubs
Common Name Botanical Name
Afghan Pine Pinus eldarica
Austrian Pine Pinus nigra
Cherry Laurel Prunus caroliniana
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Chinese Photinia Photinia serrulata
Eastern Red Cedar Juniperus virginiana
Eleagnus Elaeagnus macrophylla
Foster Holly Ilex x attenuata
Mountain Cedar Juniperus ashei
Nellie R. Stevens Ilex x `NRS'
Oleander Neium oleander
Pussumhaw Ilex decidua
Russian Olive Eleagnus angustifolia
Savannah Holly Ilex opaca
Wax Myrtle Myrica cerifera
Grasses
Bermuda Cynodon dactylon
Buffalo Buchloe dactyloides
Muhly Muehlenbergia lindheimeri
St. Augustine Stenotaphrum secundatum
Tall Fescue Festuca arundinacea
Vines and Groundcovers
Asiatic Jasmine Trachelospermum asiaticum
Autumn Sage Salvia greggii
Carolina Jessamine Gelsemium sempervirens
Confederate Jasmine Trachelospermum jasminoides
Coralvien Antigonon leptopus
Fig Ivy Ficus pumila (repens)
Lady Banksia Rosa banksia
Mealy Cup Sage Salvia farinacea
Mermaid Rose Rosa x bractaeta
Perennial Verbena Verbena sp.
Rosa x Fortuniana Rosa x Fortuniana
Rosemary Rosmarinus officinalis
Trailing Juniper Juniperus sp.
Santolina Santolina sp.
Silverlace Vine Polygonum aubertti
White Rain Lily Zephyranthes candida
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EXHIBIT B
UNDESIRABLE PLANT SPECIES
Arizona Ash Fraximus velutina
Bois d'Arc Arizona Maclura pomifera
Cottonwood Populus deltiodes Imes
Siberian Elm Pumila
Mimosa Acer saccharinum
Mulberry Moms alba
Poplar Lombardy Populus nigra italica
Chinese Tallow Sapium sebiferum
Arborvitae Thuja accidentalis
Weeping Willow Saliz babylonica
Fruitless Mulberry Moms alba
Sycamore fruitless' Platanus
Hackberry Occidentalis Celtis
American Elm laevigata Almus Americana
SECTION 2.
AMENDMENT OF FEE SCHEDULE
The Fee Schedule attached as Appendix A to the City Code is hereby amended as
follows:
48-52 Fee for Landscaping Variance $100.00
48-53 Fee for Appeal regarding Landscaping $100.00
In all other respects, the Fee Schedule shall remain unchanged.
SECTION 3.
AMENDMENT OF SECTION 90-4 BY AMENDING DEFINITION FOR
"SOLID SCREENING FENCE"
Section 90-4 of Article I of Chapter 90 of the Richland Hills City Code is hereby
amended by the modification of the following definition:
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Solid Screening Fence means a sound structural system of a design
consistent with the specifications contained herein, acceptable to the
Landscape Administrator, complying with all City codes, including any
building and zoning codes, and composed of one of the following. (a) stone,
(b) brick, (c) split face decorative concrete masonry units, provided that the
decorative side faces the residential area, (d) pre-cast decorative concrete
panels composed of exposed aggregate, brick, stucco or other approved
architectural patterned concrete finish, or (e) slats of cedar, redwood,
pressure treated fir, or synthetic materials with a wood color and appearance,
and of equal or superior quality, durability, and other properties, as
determined by the zoning administrator, such slats to have a maximum width
of each slat not to exceed six (6) inches and a maximum space between slats
of not more than one-half (1/2) inch. If wood is used, all slats must be coated
with a natural color preservative, secured to a lateral steel runner composed
of either angle iron or steel tubing or a wood runner at least one and one-half
(1'/z) inches by two and one-half (2'/~) inches in size composed of the same
wood as the slats. Each panel must be secured to posts composed of
galvanized metal posts at least two (2) inches in diameter, with galvanized
metal caps. The posts must be installed at least twenty-four (24) inches deep
and set in concrete. The base of the slates must be at least two (2) inches
above grade and no more than four (4) inches above grade. The fence may
be double-sided or single-sided, but ifsingle-sided, the slats must be placed
on the side facing the residential area.
In all other respects, Section 90-4 shall remain unchanged.
SECTION 4.
AMENDMENT OF SECTION 90-236 (12) OF CHAPTER 90
TO MODIFY SCREENING FENCE REQUIREMENTS
Subsection (12) of Section 90-236 of Article VIII, Division 2, of Chapter 90 of the
Richland Hills City Code is hereby amended to provide as follows:
Section 90-236. MH HUD-Code manufactured housing district.
(12) Screening. A decorative solid screening fence at least six (6) feet in
height, measured at the highest finished grade, shall be provided in
the MH district along all perimeter property lines of a HUD-Code
manufactured home subdivision which do not abut a dedicated street,
extending the entire length of the property lines and the sight lines
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between the subject property and the abutting property, so as to
obscure the view from the abutting property of the subject property,
as close to the property line of the MH district property which abuts
the other property as feasible, provided that such fence shall not
extend into any visibility triangle required by City ordinance or
otherwise extend into any area in which fencing is otherwise
prohibited by this Chapter, and further provided that if such
screening fence is constructed of masonry materials, it shall be
located outside of any public easement or right-of--way, so as to not
interfere with the installation or maintenance of any public utility
line, roadway, service or drainageway located within or to be located
within such public easement or right-of--way.
In lieu of the required screening fence, the owner of such property
may use a combination of trees, tall shrubs and berms to provide a
continuous, unbroken screen a minimum of six (6) feet in 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 live plant material. Any plants or vegetation used to
provide the required screening must be irrigated and permanently
maintained as provided for required plants in Chapter 48 of the City
Code, and if any plants or vegetation so used die, the owner shall
replace them as provided for required plants in Chapter 48 of the City
Code.
This requirement may be subject of a variance if existing fences or
other natural or manmade physical features create an adequate
separation or buffer from adjacent uses. However, any request to
vary from this requirement shall be presented as an element of the
site plan and shall be subject to approval at that time only.
If there is an existing fence in a good state of repair and which meets
the specifications and requirements of this Chapter across the whole
or a part of the area to be covered by said fence, then the portion of
the existing fence that meets the specifications and requirements of
this Chapter may be retained in lieu of a new fence, provided that the
written consent ofthe residential owner(s) whose property is adjacent
to such portion of the required fence is obtained and filed with the
City.
In all other respects, Section 90-236 shall remain unchanged.
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SECTION 5.
AMENDMENT OF SECTION 90-292(b) OF CHAPTER 90
TO MODIFY SCREENING FENCE REQUIREMENTS
Subsection (B) of Section 90-292 of Article IX, Division 4, of Chapter 90 of the
Richland Hills City Code is hereby amended to provide as follows:
Sec. 90-292. Residential districts.
(b) Nonresidential uses in a residential district shall be screened from
view of an adjacent residential use with a decorative solid screening
fence, which fence shall be constructed as close to the property line
of the nonresidential use property which is adjacent to such
residential use property as feasible, provided that if such screening
fence is constructed of masonry materials, it shall be located outside
of any public easement orright-of--way, so as to not interfere with the
installation or maintenance of any public utility line, roadway,
service or drainageway located within or to be located within such
public easement orright-of--way, and further provided that such fence
shall not extend into any visibility triangle required by City ordinance
or otherwise extend into any area in which fencing is otherwise
prohibited by this Chapter).
Such wall shall be of not less than six (6) feet in height, provided,
however, that parking lot screening is to be not less than three and
one-half (31/2) feet in height. Such screening requirements shall not
be mandatory for parks, except where a parking lot, playground, or
other active or intensive use is to be conducted adjacent to a
residential lot or dwelling. Off-street loading areas of a
nonresidential use shall also be screened from the view of any
adjacent public and semi-public land use or right-of--way.
In lieu of the required screening fence, the owner of such property
may use a combination of trees, tall shrubs and berms to provide a
continuous, unbroken screen a minimum of six (6) feet in 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 live plant material. Any plants or vegetation used to
provide the required screening must be irrigated and permanently
maintained as provided for required plants in Chapter 48 of the City
Code, and if any plants or vegetation so used die, the owner replace
them as provided for required plants in Chapter 48 of the City Code.
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In all other respects, Section 90-292 shall remain unchanged.
SECTION 6.
AMENDMENT OF SECTION 90-293 OF CHAPTER 90
TO MODIFY SCREENING FENCE REQUIREMENTS
Subsections (a) through (e) of 90-293 of Article IX, Division 4, of Chapter 90 of the!
Richland Hills City Code are hereby amended to provide as follows:
(a) Where a use in an industrial zoning district (including I-1 Light Industrial
and I-2 Heavy Industrial), commercial zoning district (including C-1
Restricted Commercial and C-2 General Commercial), or multi-family
zoning district (including R-3 Multi-Family Residential Low Density and
R-4 Multi-Family Residential High Density), is adjacent to asingle-family
or two-family residential lot, use or district (specifically, R-1L Single-
Family Residential Large Lot, R-1 Single Family Residential, R-2 Two-
Family Residential, or MH Manufactured Home), the owner of the
industrial, commercial or multi-family property shall be subject to the
following regulations:
(1) The owner of the subject property shall construct a decorative solid
screening fence at least six (6) feet in height on the subject property
extending the entire length of the property lines and the sight lines
between the subject property and the single-family or two-family
residential property, so as to obscure the view from the single-family
or two-family residential property of the subject property, as close
to the property line of the nonresidential use property which is
adjacent to such residential use as feasible, provided that such fence
shall not extend into any visibility triangle required by City
ordinance or otherwise extend into any area in which fencing is
otherwise prohibited by this Chapter, and further provided that if
such screening fence is constructed of masonry materials, it shall be
located outside of any public easement or right-of--way, so as to not
interfere with the installation or maintenance of any public utility
line, roadway, service or drainageway located within or to be located
within such public easement or right-of--way.
(2) When the properties are separated by a street or alley, and an
automobile parking lot or parking area is located in the front yard of
the subject property, then the owner of the subject property shall
construct a decorative solid screening fence not less than three and
one-half (3'/z) feet in height, on the subject property extending the
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entire length of such automobile parking lot or parking area along
the property lines and the sight lines between the subject property
and the single-family or two-family residential property, so as to
obscure the view from the single-family or two-family residential
property of such automobile parking lot or parking area the subject
property as close to the property line of the nonresidential use
property which is adjacent to such residential use as feasible,
provided that such fence shall not extend into any visibility triangle
required by City ordinance or otherwise extend into any area in
which fencing is otherwise prohibited by this Chapter, and further
provided that if such screening fence is constructed of masonry
materials, it shall be located outside of any public easement or right-
of-way, so as to not interfere with the installation or maintenance of
any public utility line, roadway, service or drainageway located
within or to be located within such public easement orright-of--way.
(3) Any garbage, refuse and trash collection/storage area, including a
waste collection bin or container, must be surrounded by a solid
screening fence around all sides exposed to view from the
surrounding properties and public and semi-public land use orright-
of-way at least one (1) foot higher than the height of the garbage,
refuse or trash container(s).
(b) In all districts where open storage is permitted and the screening thereof is
required, a decorative solid screening fence at least six (6) feet in height
shall be provided around all sides exposed to view from the surrounding
properties and public or semi-public land use or right-of--way.
(c) Off-street loading areas shall be screened from view of any property in a
residential zoning district (specifically, R-1L Single-Family Residential
Large Lot, R-1 Single Family Residential, R-2Two-Family Residential, R-3
Multi-Family Residential Low Density and R-4 Multi-Family Residential
High Density, or MH Manufactured Home) by a decorative solid screening
fence at least six (6) feet in height shall be provided around all sides
exposed to view from the surrounding properties and public or semi-public
land use or right-of--way.
(d) Notwithstanding any provision to the contrary, no screening element shall
extend into any required visibility triangle. Notwithstanding any provision
to the contrary, any screening element or wall which is required by this
section to be comprised, in whole or in part, of brick, masonry, concrete,
engineered decorative concrete panels, or other permanent material shall be
erected on the nonresidential use property, outside of any public easement
or right-of--way, so as to not interfere with the installation or maintenance
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of any public utility line, roadway, service or drainageway located within
or to be located within such public easement or right-of--way. Any
screening element or wall required by this section which is to be comprised
entirely of wood except for posts and runners may be located in a public
easement or right-of--way only if the property owner first obtains written
permission from the administrative official based upon a determination by
the administrative official that erection of such wooden screening element
or wall will not unreasonably interfere with the installation or maintenance
of any public utility line, roadway, service or drainageway.
(e) If there is an existing fence in a good state of repair and which meets the
specifications and requirements of this Chapter across the whole or a part
of the area to be covered by said fence, then the portion of the existing fence
that meets the specifications and requirements of this Chapter may be
retained in lieu of a new fence, provided that the written consent of the
residential owner(s) whose property is adjacent to such portion of the
required fence is obtained and filed with the City.
In all other respects, Section 90-293 shall remain unchanged.
SECTION 8.
AMENDMENT OF SECTION 90-302 REGARDING VISIBILITY TRIANGLES
Section 90-302 of Article IX, Division 5, of Chapter 90 of the Richland Hills City Code is
hereby amended to provide as follows:
Section 90-302. Restrictions Against Impairing Visibility.
(a) Prohibition against Obstr
acting Visibility of Traffic. It shall be unlawful for
any person to plant or allow on any property under his control any hedge,
tree, shrub or other growth or any fence or wall or other structure on public
or private property in such a manner or at such location as to constitute an
obstruction to view of traffic on any abutting highway, street, alley, private
street or private drive. Nothing in this Chapter shall be construed as
permitting any obstruction to view which may constitute a traffic hazard.
(b) Visibility Triangles. Visibility triangles shall be accommodated in all site
designs based on the following criteria:
(1) Intersection of Two Streets. Two visibility triangles shall be
accommodated and created at each corner of any intersection of
public streets or of a private street and a public street. One leg of
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each such triangle shall begin at the property corner abutting the
intersection right-of--way and continue sixty (60) feet along the
property line abutting one street right-of--way, and the other leg of
each triangle shall begin at the property corner abutting the
intersection right-of--way and continue seven (7) feet along the
property line abutting the other street right-of--way.
(2) Intersection of
Public Street and Private Drive. A visibility triangle
shall be accommodated and created at each corner of any
intersection of a public street and a private drive. One leg of such
triangle shall begin at the property corner abutting the intersection
right-of--way and continue sixty (60) feet along the property line
abutting the street right-of--way, and the other leg of each triangle
shall begin at the property corner abutting the intersection and
continue seven (7) feet along the line abutting the private drive.
It shall be unlawful to set out, maintain or permit or cause to be set out or maintain
any tree, shrub, plant, sign, soil, fence, retainer wall or other view obstruction
having a height between of two (2) feet and ten (10) feet in height as measured from
the centerline grades of the abutting pavement within any visibility triangle,
provided that this restriction shall not apply to permanent buildings authorized by
the City`s Comprehensive Zoning Ordinance, or to traffic control signs, traffic
controller cabinets, traffic control hardware and equipment, traffic control fixtures,
street signs, traffic control signals, fire hydrants, utility poles and any other utility-
related equipment placed within such area by authority of the City Council.
SECTION 8.
DELETION OF SECTION 90-303 TO AVOID REDUNDANCY
Section 90-303 of Article IX, Division 5, of Chapter 90 of the Richland Hills City Code is
hereby deleted.
SECTION 9.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this.
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event the conflicting provisions of such ordinances and such Code are hereby repealed.
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SECTION 10.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,:,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 1 L
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of thee..
provisions of the City Code amended or revised herein, or any other ordinances affecting the
matters regulated herein which have accrued at the time of the effective date of this ordinance; and,'
as to such accrued violations and all pending litigation, both civil and criminal, whether pending,
in court or not, under such ordinances, same shall not be affected by this ordinance but may be!
prosecuted until final disposition by the courts.
SECTION 12.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required by law.
SECTION 13.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution'
among the public, and the operative provisions of this ordinance and the exhibits to this ordinance',
as so published shall be admissible in evidence in all courts without further proof than the'
production thereof.
SECTION 14.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this Ordinance shall be.
fined no more than Two Thousand Dollars and no cents ($2,000.00) for each violation of this'
Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense.
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SECTION 15.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained. 1
PASSED AND APPROVED ON THIS ~ DAY OFw~ , 2008.
ONORABLE DAVID GAN, MAYOR'
ATTEST:
e~~*,~~tw~uu~iiiii
~,.~+~~~~ND y~`.,,
INDA CANTU, CITY SECRETARY
Q ~ 4 ~
EFFECTIVE DATE: ~.p 0 b ~ ~ ~ ' a
~v
APPROVE AS M D L GALITY:
~
~'y/ Y `
TIM G. SRALLA, CITY ATTORNEY
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I .
RESIDENTIAL OR PARK
e.rLOSeo Reelr.,e coNTAlreu xlsTlr~ PorER Pole
///~~~exsnrv~ cveR«eAV eLecralc fi=t"
y# EAST 130.00'
~j5_ -'~°~=j'R'!` ' L ~xnPe~ seTev,K
A53 L~ L~ mee LREpTEp ~ PROJECT INFORMATION
ADD io"nL TReeS ABC BUILDING
I Aaaeu: 200 ROVAL 1ANE
I RICHLAND, TE%AB 76118
Legal' LOT 2, BLOCK 2 BAKER AOOITION
ApplKanf: JOHN DOE
~R D xRE~~ E~~ 100 TESAS DRIVE
~ PD fORT WORTH, TE%AB 7610a
II 817-222-2222
Preparer.: BILL BROWN
I I ~LleNrt ftxE 200 ANGUS DRIVE
RESIDENTIAL OR PARK HURST, TE%AS 76053
817-44d-4444
Date: JUNE 15, 2006
COMMERCIAL I vLnlwscnPe sere,.cr
WnuL sNaiBS s' o.c.
ND LnNI>xn~ eeTa,,cKRe~,IRFD. o. I ~
PROPOSED
~ I I . ~ ~ O SITE CALCULATIONS 8 NOTES:
ry j.~:~. BUILDING Q
~ • TOTAL SITE AREA = 33800 SF
' ~ t' ry • LANDSCAPE AREA REQUIRED - IS% - 33800X.15 = S,OlO SF
ns f) nDD T orw nA N • LANDSCAPE AREA RZOVIDED - 19% = 6311 SF
Rea'laeo raee. ' SwrEpP AN ANOMATIL tRRI6ATION SYSTEM WITH RAIN AND FREEZE
I Ln"°~^~ nR CONTROLS WILL BE PROVIDED fOR ALL LANDSCAPE AREAS.
= I I J Y~ ALL LANDSCAPE SHALL COMPLY WITH REQUIRED VISIBILItt TRIANGLES.
F F
Z
O ~ ~ MAT
[i21AL LIST
I I.,. ~LI6nT POLE rr. bol PI Gan•rion Nme Eotmkal None Plant 5'~ze
b ` !rr'4 Ook (]verus Yrm~'~If 3' Col.
I ~ 4 G.yemylle Lagerslroemia IMlca 2' Cal (1'-8'/
l~~z.~nL ~RNn~NTnLTRees ' ~ ~
R~r,,, Rao met ~ a 3 ~nL ~nNDP. mee ReD TeD Sm6al ay La~.non None Bntan~al None Plml 5~e
5 3 ADO r ONAL raEES c qb Or+o'f &rln0 H,IIy corMa'&rforali Nw' S Gallon; min,
~y BI Nellle R. Steve% Nolly Ilex tomato Tlellie R. Stevens l Cvlbn; 4' mF.
w e"make IsLnNO I 2a rao,b<y NQdM NTdlm o.'rroorLxy' S eanan; r mm.
Vii) T3~G~. G NoPr THE Q..
ow SIRLBS. e
MIN. 24' HT ~ SynWl Qly Lamon Note Bolmicol 11ore
3,00 sl Sella soa cmnan eumm cynao, Iwctylm xlle 5oa
PR«~eD M v ~ v
f ~ stC _ , s' ~n14 ~n~
3so`eT seTenc« ADDITIONAL TREE REQUIREMENT
WEST 130.00' ONE ADDITIONAL CANOPY TREE REQUIRED PER 5(JOO SF
33800 5F Sp00 5F = b.lb OR l ADDITIONAL TREES
l'Y60' V151&Lltt TRInN6LE RKINb ENmnNGE IAa-ID WR2J
T'PJ nl. ORnnl•EMnI. TREES as
vE I.pv SIwI.BS. nTRFE
ROYAL BOULEVARD (ROADWAY)
LANDSCAPE EXHIBIT
COMMERCIAL, INDUSTRIAL, e MULTI-FAMILY PROPERTY
CITY OF RIGHLAND HILLS, TEXAS