ORD 1986-02 - Landscaping AmendmentsORDINANCE NO. 86-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING CHAPTER 6, BUILDING AND BUILDING REGULATIONS,
AMENDING LANDSCAPING REQUIREMENTS; AND MAKING OTHER
PROVISIONS THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 6, Buildings and Building Regulations, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
repeal of Article V, and by the adoption of a new Article V that shall
read as follows:
ARTICLE V. LANDSCAPING REQUIREMENTS
Sec. 6-50. Definitions.
(a) Diameter: Average diameter of the tree measured four
(4) feet above the ground level.
(b) Landscape development: Trees, shrubs, ground cover,
vines or grass installed in planting areas, having a minimum of
ten (10) square feet of actual plantable area and a minimum
inside dimension of any side of eighteen (19) inches.
(c) Tree: Any self-supporting woody plant of a species
that normally grows to an overall height of a minimum of fifteen
(15) feet. (Ord. No. 81-48, 1, 8-18-81)
Sec. 6-51. Landscaping required.
(a) If a building or structure is erected, no building
permit or certificate of occupancy shall be issued unless a
minimum of ten (10) per cent of the building site not covered by
a building or structure is devoted to landscape development.
(b) If, on building sites of one (1) acre or more, a
building or structure is erected, no building permit or
certificate of occupancy shall be issued unless at least eighteen
(18) diameter inches of trees are provided per acre.
(c) If a building or development constructed prior to
August 18, 1981, is enlarged, no building permit or certificate
of occupancy shall be issued for such expansion unless the
building site is landscaped. The building site shall be
landscaped in accordance with subsections (a) and (b) above;
provided, however, such landscaping need not exceed the
percentage increase in gross building area on said site.
Gross Building Area New
Gross Building Area
New and Existing
ratio of landscape required
to that required if building
were all new
(d) Subsection (c) shall not be construed to reduce
landscape requirements for any building or building site
landscaped after August 18, 1981. The area of any building site
devoted to landscaping and required under subsections (a) and (b)
shall not be reduced by any building expansion or development.
(e) Nothing in this section shall be construed to require
an owner that expands a building to landscape more than ten (10)
per cent of the building site not covered by a building or
structure.
Sec. 6-52. Landscape development within setback areas.
(a) Landscape development area within the setback areas of
a building site and adjacent to a public street shall be
considered doubled when determining the minimum requirements of
this article. (Ord. No. 81-48, 1, 8-18-81; Ord. No. 82-25,
14, 11-2-82)
(b) Landscape development area within the rear setback area
of a building site and not adjacent to a public street shall not
be considered when determining the minimum requirements of this
article.
Sec. 6-53. Credits; minimum requirements.
(a) Trees that are newly planted or already established
and growing shall receive credit against the landscape
requirements as follows:
12 inches or greater diameter, 200 square feet;
6 inches or greater diameter, 100 square feet;
3 inches or greater diameter, 50 square feet;
This credit shall be in addition to the planting area in
which the tree is contained.
(b) No tree shall be considered as a credit unless it is in
a planting area whose least dimension is the radius of the crown
spread of the tree measured from the trunk center, but in no
case less than a radius of six (6) feet measured from the tree
trunk to the near edge of the landscaped area.
(c) If, during construction of any structure or other
improvements related thereto, the owner, contractor or any of
their agents or employees, place solvents, materials,
construction machinery, or temporary soil deposits within six (6)
feet, or within the radius of the crown spread, as defined above,
whichever is greater, of any tree used for credit, then the
credits for such tree shall be disallowed.
(d) At least one (1) 1-inch tree for every four (4) parking
spaces shall be provided for every parking facility permitted
after January 1, 1986. See also 6-51(b).
Sec. 6-54. Landscaping in lieu of of-street parking.
Any landscape development in excess of the ten (10) per cent
minimum requirement may be credited against off-street parking
requirements up to a maximum reduction in off-street parkiing of
ten (10) per cent. (Ord. 81-48, 1, 8-18-81; Ord. No. 82-25,
15, 11-2-82)
Sec. 6-55. Visibility triangles and sight distances.
(a) When a driveway intersects a public right-of-way or
when the subject property abuts the intersection of two (2) or
more public rights-of-way, all landscaping within the triangle
areas shown below (visibility triangle) shall provide
unobstructed cross visibility at a level between three (3) and
six (6) feet. Trees having over six (6) feet of clear trunk with
limbs and foliage trimmed in such a manner as to not extend into
the cross visibility area shall be permitted, provided there is
no traffic hazard.
(b) No landscaping shall be maintained in such a manner as
to obscure or otherwise interfere with the effectiveness of an
official traffic sign, signal or device, or so as to obstruct or
interfere with the view of a driver of approaching, emerging or
intersecting traffic or so as to prevent a traveler on any street
from obtaining a clear view of approaching vehicles for a
distance of two hundred fifty (250) feet along the street.
Sec. 6-56. Downtown area exempt.
The provisions of preceding sections of this article shall
not apply to the downtown commercial area (Central Business
District).
Sec. 6-57. Appeals.
Any person aggrieved by a decision under the preceding
sections of this article may appeal in writing as provided by the
Standard Building Code.
Sec. 6-58. Permit for removing trees in public right-of-way
required.
A person commits an offense if he removes or destroys a tree
in the street right-of-way or in any public place without first
obtaining a permit from the City Manager.
Section 2: Any person, firm, or corporation violating any provisions of
this Ordinance or failing to comply with any requirement of this
Ordinance will be guilty of a misdemeanor and subject to a fine of up
to Two Hundred Dollars ($200.00) upon conviction. Each day during or
upon which said person shall violate or continue violation of any
provision of this Ordinance or non-compliance with any requirement of
this Ordinance shall constitute a distinct and separate offense. The
violation of any provision of this Ordinance or the failure to comply
with any requirement of this Ordinance shall each constitute a
distinct and separate offense.
Section 3: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
Section 4: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
Section 5: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the date
of final passage.
PASSED AND APPROVED this day OfIllt
, 1986.
/THE C TY OF HUNTSVILLE
By
J
h DeSha , ity ec e a y
APPROVED AS TO FORM:
Scott Bounds, City Attorney
e Monday, Mayor