Ord 054-97 6/3/1997ORDINANCE NO..���
AN ORDINANCE AMENDING SECTION 6800 OF THE ZONING
ORDINANCE REGARDING LANDSCAPING REGULATIONS AND
REPEALING SECTION 6238; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Planning and Zoning Commission has reviewed current landscaping provisions
related to landscaping and finds that current standards and practices are ineffective at providing the
aesthetics necessary along public streets that are desired by the citizens of Wichita Falls; and,
WHEREAS, the City Council has determined that landscaping is an important element related to the
quality of life for the citizens of Wichita Falls, and will promote a positive image of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. Section 6800 is amended in its entirety by Attachment A included herein.
SECTION 2. Section 6238 of the Zoning Ordinance is found in conflict with Attachment A and is
hereby repealed.
SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance
was passed was open to the public as required by law.
PASSED AND APPROVED this the 3rd day of June, 1997.
ATTEST:
CITY CLERK
YA-y6R
ATTACHMENT A
6800 LANDSCAPING REGULATIONS
6805 Purpose
The purpose of the landscaping regulation is to improve the quality of life for those living, working and
visiting the City by enhancing the appearance of properties as viewed from right -of -ways, and to assist in
attaining increased air quality as it relates to oxygenation and filtration of dust and other air -borne
pollutants.
6810 Minimum Landscape Requirements
A. General Landscaping Requirements
A Suggested Plant List is herein included for reference as to trees and other vegetation
found compatible with local soil and climatic conditions. References made herein to a
"canopy tree" shall refer to a tree which has a mature height exceeding 30 feet. References
to an "understory tree" shall refer to a tree which has a mature height less than 30 feet.
2. Landscaping Regulations shall apply to all uses other than single - family, duplex, and zero
lot -line residential uses.
3. Requirements herein shall apply to each separately platted lot, or each portion of a lot
where applicable and determined appropriate by the City, or for the entire unplatted tract or
parcel of land.
4. Where any property on one lot is to be developed in phases, so that only a portion of the
site is to be used (such as parking lots for the current phase), there shall be consideration to
define or limit the required landscaping to the area being currently developed or used.
5. Plant materials planted in pots shall not be counted or credited toward meeting landscape
requirements herein. All plant materials shall be live and planted in the ground.
6. Canopy trees shall have a minimum caliper size of two inches in diameter when measured
one foot above ground level. Understory trees shall have a minimum caliper size of one
and one -half inches when measured one foot above ground level.
7. Where understory trees are permitted, and where the trees are multi - trunked, the minimum
diameter of any single trunk shall be three - quarters of one inch as measured one foot from
the crown.
8. For canopy trees, where multiple - trunked trees are proposed, and where the branches of a
tree fork at or within one foot of the joint of a tree, no branch describing the fork shall be
less than one inch in diameter when measured six inches after the fork.
9. Where shrubs are required herein, the minimum shrub size shall be five gallon as defined
by the American Nursery Association.
10. For every two landscaped islands, medians or peninsulas required herein, at least one
island, or 50 percent of all islands, medians or peninsulas, shall be planted with a canopy
tree and required shrubs. If only one island, median or peninsula is required, it shall
contain a canopy tree and required shrubs.
11. A landscaped strip shall be provided along all portions of a property adjacent to a public
right -of -way. Such strip shall be adjacent to the sidewalk or right -of -way, and shall not
include a sidewalk or right -of -way. The minimum width of the landscaped strip shall be
five feet.
An adjustment in the configuration of the strip may be considered when such alternate
proposal is equivalent to the square footage area provided by the strip. Such alternate
consideration shall be more or less evenly distributed to the greatest extent possible along
the area which would normally be occupied by the strip.
12. The required perimeter landscaping along public or private streets shall contain the
following minimum plant materials:
- One canopy tree per 40 linear feet of street frontage, or
- 50 percent of the required trees as canopy trees and the remaining 50 percent as
understory trees, or
50 percent of the required trees as canopy trees, 25 percent as understory trees, and
the remaining 25 percent shrubs at a rate of five shrubs for every one understory
tree substituted.
If only one tree is required, that tree shall be a canopy tree.
13. All landscaped areas shall be protected with sufficient barriers to protect from vehicular
intrusion.
14. All landscaping elements required by this provision shall be constructed, installed and
maintained so as not to obstruct the view of motoristS and pedestrians between the street
and access drives, parking aisles and entries and exits.
15. The required landscaped areas for parking lots shall be more or less evenly distributed
throughout a parking lot. Adjustments may be considered when the shape or size of the
parking lot, the location of existing trees, or other constraints reasonably prevent such
distribution.
16. For those areas of a property to be used exclusively for docking and maneuvering areas, the
landscaping area requirements for parking lots shall be determined by including the total
area within the parking spaces, parking aisles, and travel lanes of the parking lot which are
designed for the exclusive use of customers or employees. Maneuvering and docking areas
are excluded.
Maneuvering and docking areas facing a street shall be required to provide a landscaped
area between the maneuvering and docking area and the street, using a combination of
trees, shrubs, berms and other such landscape elements with the intent of providing a future
screen of the view of such maneuvering and docking area to the greatest extent possible.
17. No lighting system, divider, fence, decorative column, fixture, equipment or similar
material shall be placed within any parkway or public easement abutting a public street
under the control of the City without approval by the City.
18. Xeriscape and drought - tolerant plants may be considered as a substitution to plant
materials required herein provided that an irrigation system is installed to provide full
coverage of all landscaping areas.
19. Any parking lot or portion thereof which is to contain more than 20 parking spaces shall
provide permanently landscaped areas consisting of islands, peninsulas, or medians within
the parking area. At a minimum, a landscaped island, median or peninsula not less than
160 square feet shall be provided as follows:
One per twenty parking spaces for sites having less than 100 parking spaces.
One per ten parking spaces for sites having 100 or more parking spaces.
For sites with less than 20 parking spaces, no additional island, median or peninsula
is required.
Each island, median or peninsula required herein shall at minimum contain the following:
One canopy tree, or
50 percent of the required trees as canopy trees and the remaining 50 percent as
understory trees, or
50 percent of the required trees as canopy trees, 25 percent as understory trees, and
the remaining 25 percent five gallon shrubs at a rate of five shrubs for every one
understory tree substituted.
20. For land uses where the total of all parking areas exceed 100 spaces, landscaping shall be
installed along stacking aisles or circulation drives to identify and provide circulation
control. Landscaping shall be used to identify ingress and egress points for traffic control
and safety. Such landscaping shall be a combination of understory trees and shrubs.
21. A change in zoning, land use or a Conditional Use Permit may require landscaping
equivalent to provisions contained herein.
22. Reoccupying a structure exceeding 20,000 square feet which has been vacant for one year
or when the structure is less than 20,000 square feet and has been vacant for two years,
from the date of original vacancy, landscaping shall be required equivalent to provisions
contained herein.
23. Parkways or public right -of -ways may be landscaped and maintained with a combination
of grass, ground cover, shrubs and trees if:
a. They are not located so as to interfere with the use, maintenance, or repair of any
natural or man-made drainage facility, public water or sewer lines, or other public
utility or facility;
b. They are not located within five feet of an electrical utility pole and will not reach a
mature height which will pass within eight feet of an electrical transmission or
distribution line;
C. They are not located so as to create a view obstruction to vehicular or pedestrian
traffic; and
An approval to landscape a parkway is with the understanding that any utility work
performed which disturbs or displaces installed vegetation or irrigation lines shall be the
responsibility of the affected business or property owner(s) to re- install or otherwise
maintain the intent of Section 6800.
B. Landscaping Requirements for Remodeling
For the purpose of this provision, a remodel shall include any change to the building interior or
exterior or changes to a building site excluding routine maintenance and repair.
1. If a remodeling project has a total dollar value of less than 25 percent of the tax appraised
value of the building, or is less than $50,000, over a three consecutive year period, no
additional landscaping is required.
2. If renovation of a building over a three consecutive year period causes the minimum cost to
be 25 percent to 40 percent of the tax appraised value of the building, the minimum
required landscaping area will be equivalent to the percentage.
3. Renovation of a building where the cost is at or exceeds 40 percent of the tax appraised
value of the building, landscaping shall be required according to the standards under 6810
A.
4. For the remodeling of a building in the Central Business District, a plan shall be presented
which strives to provide landscaping recognizing spatial constraints.
C. Landscape requirements for site improvements
1. If an increase in parking area is proposed which is at least a 20 percent increase to the total
parking area, existing parking lot(s) shall be required to provide internal landscaping
equivalent to or greater than 50 percent of required parking lot landscaping required under
6810 A.
2. Additional buildings placed on developed sites shall provide landscaping for any new
parking provided, along with street frontage landscaping. Such parking and street frontage
landscaping shall meet standards under 6810 A.
3. Where additional ingress /egress points are proposed from a public street considering, and
in relationship with other site improvements, landscaping shall define these ingress /egress
points through the use of trees and shrubs.
D. Site Constraints
Where it has been determined that site constraints exist which may limit the ability of a particular
site to conform to requirements herein, the Director of Community Development or designee shall
evaluate the ability of a proposal to come into conformance with requirements herein by
considering constraints to that ability for any one use. If the proposal will not entirely fulfill the
requirements herein, the Director or designee may instruct that a proposal be presented which
strives to maintain the intent of this section to the best of its ability. Such alternate proposal shall
be approved by the Director or designee. An appeal of the Director's decision may be made to the
Planning and Zoning Commission.
6815 Irrigation Required
A. All landscaped areas shall be provided
complete coverage of landscaped areas.
plan.
with a buried irrigation system sufficient to provide
Such a system shall be shown on the required landscape
B. Hose bibbs may be used for irrigation purposes only if it is determined that installing an irrigation
sprinkler system is not technically feasible. Cutting or removal of pavement or boring for
irrigation lines beneath paving shall not in themselves be considered technical obstacles.
6820 Preservation of Existing Trees
The number of trees required shall be met, whenever possible, by the preservation of existing trees.
Where parking lots are to be constructed to serve any development, the development shall be designed
where possible so as to avoid locating parking or paving if such would result in the removal of any
existing trees.
The Landscape Plan required by this regulation which shows removal of an existing tree shall consider the
following:
A. The removal would leave sufficient number of other existing trees to meet the tree requirements of
this regulation; or
B. Where the existing tree to be removed would otherwise be necessary to meet the number required,
and removal is requested for the purpose of constructing any sewer, water, electric, gas lines or
equipment, drainage facilities, sidewalks, driveways, parking lots, or other facilities, utilities or
improvements to serve the property.
Such plan shall be considered if reasonable efforts have been made to avoid removal of the
existing tree. In determining whether reasonable efforts have been made, the following shall be
considered:
1. The feasibility of rerouting or relocating any of the improvements that requires the
removal, including the relocation of any parking lot, or portion thereof, where sufficient
land is available; and
2. The additional cost, if any, that would be incurred in insuring preservation of the existing
tree.
C. Existing trees in the street right -of -way shall not be cleared, unless no other reasonable alternative
is possible.
6825 Common or Phased Development
When any property is developed in phases, or is a common or unified development including more than
one platted lot, the requirements of this regulation may apply to each phase of the development, or to all
the lots being developed in common as though they were one lot, or otherwise apply the requirements as
is reasonably necessary to carry out the purpose and intent of this regulation.
6830 Credits
A. An existing canopy tree which is preserved as shown on the approved Landscape Plan shall count
as two trees toward the number of required canopy trees, if it is healthy and without substantial
damage or defect. The caliper of the tree shall exceed three times the caliper herein required to be
considered for credit.
B. For each approved landscaped peninsulas, islands or medians installed within parking lots, a credit
shall apply to the required parking at a rate of 1.5 parking spaces. Such credit shall apply if each
of the approved landscaped peninsulas, islands or medians are reasonably of the same area as a
required parking space.
A credit may be repeated for each approved landscaped peninsula, median or island. However,
available parking to serve the proposed use shall not be reduced to a level below 90 percent of the
required spaces, nor shall a reduction occur in the required number of handicapped parking
facilities.
6835 Landscape Plan Required
The owner, developer or agent of any property to which this regulation applies shall submit and have
approved a Landscape Plan prior to the issuance of a building permit. The Plan shall contain sufficient
detail to show the following:
A. The footprint of all existing and proposed structures.
B. Remaining and/or proposed site elements such as power poles, fences, walls, drainage swales,
easements, sidewalks, parking lot layout, pedestrian walkways, and other such elements.
C. How the landscaping requirements are to be met, including the name, size, number, and location of
all landscape elements.
D. Name, location and size of existing trees, and type and location of other vegetation proposed to
remain or for removal.
E. When the internal landscaping requirements for parking lots apply, the size and location of the
parking lot and the number of spaces, and how the owner proposes to address the interior
landscaping requirement.
F. Location and size of irrigation lines.
G. Location of any buried pipeline or utility.
H. Location of any dedicated or proposed to be dedicated easement.
I. Such other information as may be reasonably necessary to administer and enforce the provisions of
this regulation.
J. Drawn at a scale of 1" = 100' or greater.
6840 Maintenance Requirements
A. After complying with the requirements of this regulation, the owner(s) and each successive
owner(s) of the property shall maintain the required landscaping vegetation, landscaped areas and
irrigation systems in good and operating condition, and shall otherwise maintain the property so as
to comply with any other requirement of this regulation.
B. Any dead, dying or damaged landscaping material shall be immediately replaced in conformance
herein or, if due to inclement weather or out of season planting, specified in writing when such
replacement shall occur, not to exceed 90 days.
C. Where any owner of property to which this regulation applies fails to reasonably maintain the
required trees and other landscaping or maintain the property so as to comply with any
requirement of this regulation, the City may issue a written notice and order the owner to replace
any dead or dying trees, landscape plant materials and irrigation system that were required by the
Landscape Plan or this regulation, or require any other action otherwise necessary to abate or
correct any condition to meet the requirements of this regulation.
6845 Certificate of Occupancy or Final Inspection
A. No Certificate of Occupancy shall be issued or final inspection made unless complying with terms
and conditions required herein.
•B. " A Certificate of Occupancy may be issued or a final inspection made without the required
landscaping in place provided that assurances are given in writing as to the date when landscaping
will be installed, if a landscape plan has received prior approval and the required landscape areas
are prepared for planting. All landscaping conforming to the approved Landscape Plan shall be
installed no later than 90 days after the issuance of the Certificate of Occupancy or final
inspection. An irrigation system shall be installed and operational prior to issuance of a Certificate
of Occupancy or final inspection.
C. Prior to issuance of a Certificate of Occupancy or final inspection, the Building Official shall
inspect the operation of the irrigation system, insure that the required landscaping is installed as
shown on the Landscape Plan, and other such information as may be required. The Building
Official may use the services of other City departments to evaluate compliance with provisions
established herein.
SUGGESTED PLANT LIST
The following is a plant list compiled by the Director of Parks and Recreation and represents species
which have proven successful and compatible with soils found in Wichita Falls. The Department of Parks
and Recreation may provide information on experience with vegetation not included herein.
CANOPY TREES
(Mature Height Over 30 feet)
Placement of trees adjacent to paving should consider root growth characteristics of the species, and whether the
eventual root growth will damage such paving.
UNDERSTORY TREES
(Mature Height 15 to 30 feet)
Aristocrat/Bradford Pear
Pyrus calleryana 'Aristocrat'/ 'Bradford'
TYPICAL
TYPICAL
Possumhaw Holly
Ilex decidua'Possum Haw'
MATURE
MATURE
COMMON NAME
BOTANICAL NAME
HEIGHT
WIDTH
Bald Cypress
Taxodium distichum var. distichum
70'
40'
Oaks
Malus spp.
15'
15'
Bur Oak
Quercus macrocarpa
75'
45'
Live Oak
Quercus virginiana
60'
75'
Shumard
Quercus shumardii
60'
60'
Escarpment Live Oak
Quercus fusiformis
50'
50'
Chinquapin Oak
Quercus muehlenbergii
50'
30'
Pines
Austrian Pine
Pinus nigra
50'
30'
Japanese Black Pine
Pinus thunbergii
30'
20'
Afghan Pine
Pinus eldarica
40'
20'
Pecan
Carya illinoinensis
75'
60'
Eastern Red Cedar
Juniperus virginiana
40'
20'
Chinese Pistachio
Pistacia chinensis
30'
30'
Cottonless Cottonwood
Populus deltoides
80'
50'
Cedar Elm
Ulmus crassifolia
55'
40'
Golden Rain Tree
Koelreuteria paniculata
30'
20'
Fruitless Osage Orange
Maclura pomifera'Whiteshield'
50'
30'
Caddo Maple
Acer barbatum var. Caddo
60'
40'
Placement of trees adjacent to paving should consider root growth characteristics of the species, and whether the
eventual root growth will damage such paving.
UNDERSTORY TREES
(Mature Height 15 to 30 feet)
Aristocrat/Bradford Pear
Pyrus calleryana 'Aristocrat'/ 'Bradford'
25'
20'
Possumhaw Holly
Ilex decidua'Possum Haw'
15'
10'
Desert Willow
Chilopsis linearis
20'
15'
Eve's Necklace
Sophora affmis
25'
20'
Flowering Crabapple
Malus spp.
15'
15'
Mexican Plum
Primus maxicana
25'
15'
Redbuds
Oklahoma
Cercis canadensis v. texensis 'Oklahoma'
25'
25'
Forest Pansy
C. canadensis v. canadensis 'Forest Pansy'
25'
25'
I Yaupon Holly
Ilex vomitoria
15'
10'
I Typically a shrub. May be used as an understory tree if pruned and trained to reach a mature height exceeding 15 feet.
SHRUBS
(Mature Height Over 9 feet)
SHRUBS
(Mature Height 3 to 9 feet)
Agarita
Mahonia trifoliolata
TYPICAL
TYPICAL
Japanese Barberry
Berberis thunbergii'Atropurpurea'
MATURE
MATURE
COMMON NAME
BOTANICAL NAME
HEIGHT
WIDTH
Crepe Myrtle
Lagerstroemia indica
10'
10'
Junipers
1' 2'
Junipers
Juniperus sp.
Canaert
Juniperus virginiana'Canaertii'
25'
20'
Hollywood
Juniperus chinensis 'Torulosa'
10'
5'
Hollies
Juniperus chinensis 'Sea Green'
6'
6'
Burford
Ilex cornuta'Burfordi'
10'
10'
Foster's
Ilex opaca x I. cassine'Fosteri'
20'
10'
Savannah
Ilex opaca x I. attenuata'Savannah'
25'
15'
Nellie R. Stevens
I. aquifolium x I. comuta'Nellie R.'
15'
15'
Chinese
Ilex cornuta
10'
8'
Yaupon
Ilex Vomitoria
15'
10'
Photinia, Fraser's
Photinia x Traseri'
12'
8'
SHRUBS
(Mature Height 3 to 9 feet)
Agarita
Mahonia trifoliolata
5'
4'
Japanese Barberry
Berberis thunbergii'Atropurpurea'
4'
4'
Burford Holly, Dwarf
Ilex cornuta 'Burfordi Nana'
4'
4'
Crepe Myrtle, Semi -Dwarf
Lagerstroemia indica
6'
7'
Junipers
1' 2'
Junipers
Juniperus sp.
Pfitzer
Juniperus chinensis 'Pfitzeriana'
4'
15"
Compact Pfitzer
Juniperus chinensis 'Compact Pfitzer'
3'
6'
Sea Green
Juniperus chinensis 'Sea Green'
6'
6'
Dwarf Pines
Pinus sp.
Japanese Quince
Chaenomeles japonica
5'
6'
Nandina
Nandina domestica
6'
4'
Spiraea Vanhoutte
Spiraea vanhouttei
5'
6'
DWARF SHRUBS
(Mature Height 1 to 3 feet)
Crimson Pygmy Barberry
Berberis thunbergii 'Crimson Pygmy'
2' 3'
Hollies
Dwarf Chinese
Ilex comuta'Rotunda'
3' 3'
Dwarf Yaupon
Ilex vomitoria 'Nana'
3' 3'
Dwarf Crepe Myrtle
Lagerstroemia indica
3' 3'
Harbour Dwarf Nandina
Nandina domestica'Harbour Dwarf
1' 2'
Junipers
Juniperus sp.
R DIN
AN ORDINANCE ON PUB-
LIC HEARING ON -.HAZ-
ORD INANCE DECLARING Here)
CERTAIN BUILDINGS
AND /OR STRUCTURES AS
DAN GEROUSAND COM-
MA NDING CERTAIN AC.
TION WITH REGARD TO
SAME, FINDING AND DE.
TER, MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIREDBYLAW .
ORDINANCE N0.52 -97
ORDINANCE WAIVING
SECTION 22- 1(a)(2) OF
THE CODE OF.ORDI-
NANCES TO PERMIT VE-
HI.CLES ON THE GRASS
DURING AN EVENT BY
THE RADIO CONTROL
CLUB JUNE 21- 22,1997 IN
JAYCEE PARK .
ORDINANCE N0.53 -97
ORDINANCE MAKING AN
ARPROPRIATION IN THE
GENERAL FUND FOR
ADDITIONAL -GRANT
CRIMINAL JUSTO CE DE
VISION OFFICE OF THE
GOVERNOR AND AUTHO-
RIZING THE CITY MAN -
AGER TO EXECUTE
CONTRACT ACCEPTING h,
SAME
AN ORDINANCE AMEND -
IN,G SECTION 6800 OF
THE ZONING 0 .RDI_!I'e�1l�riElf
NANCE REGARDING ' T=Z
LANDSCAPING REGULA- ' 1 = = -17-Wc
TIONS AND REPEALING
SECTION 6238; FINDING
AND DETERMINING
THAT THE MEETING'AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO. 55-97
AN ORDINANCE REZON-
ING LOTS 12 $ 12,-BLOCK 69, FAITH VILLAGE,
UNIT TWO, FROM SIN'
FAMILY -2 TO LIMIT-
ED C O M M E R.0 -1 A L
ZONING; FINDING AN
DETERMINING THAT
THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIREDBYLAW -, :r
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA #582801
On this 25th day of June
1997
A.D............. personally appeared before me, the undersigned authority
Pat Chamberlain
bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one ( 1) issues thereof on the following dates:
June 22, 1997
40j)
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written..