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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