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HomeMy WebLinkAboutORD 80-11 - Define Landscaped Area©PDTN "46,oF NO - XO- // 39 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF GEORGETOWN: PROVIDING FOR DEFINITIONS FOR LANDSCAPED AREA, PLANT MATERIALS, INERT ARCHITECTURAL MATERIALS, MATURE TREES AND LARGE TREES; PROVIDING FOR LANDSCAPED AREAS WITHIN RM -2, RM -3, C-1 and R -P DISTRICTS; PROVIDING FOR REDEVELOPMENT OF OLDER PROPERTIES; PROVIDING FOR EXCEPTIONS, ENFORCEMENT, SEVERABILITY AND AN EFFECTIVE DATE FOR THE ORDINANCE. WHEREAS, the City Council of the City of Georgetown considers that replenishing the native vegetation lost to new property developments in certain districts of the city within the responsibilities of this governing body; and WHEREAS, the City Council of the City of Georgetown has determined that living plants provide visual buffering, heat, glare and noise abatement, air purification and a reduction in storm water run-off; and W WHEREAS, the City Council of the City of Georgetown has determined that the instal - CD lation and maintenance of landscaped areas serves the common interest and well-being of qq the community and the requirements of such constitutes a proper use of the police power; C9 Now therefore a . Q BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEROGETOWN, TEXAS: Part 1. That the following terms are herby added to PART EIGHTEEN of the zoning ordinance of the City of Georgetown as they are defined below: Landscaped Area - That space within a proposed building site designed for the instal- lation of lant materials plus any inert architectual materials that are commonly used for supporting and complimenting ornamental plantings. Inert materials are not to constitute more than half of any required landscaped area. Plant Materials - Living trees, shrubs, vines, ground covers, sod and flowering annuals, iennia s and perennials adapted to the Georgetown soils and climate.. Inert Architectural Materials - planters, brick, stone, pebbles, affregates, sand, prairie film decorative walls and fences, natural forms (driftwood, fossils, seashells, etc.), water forms and other non -living landscape features. Smooth concrete and asphalt are not approved for use in the required landscaped area. Mature Trees - Trees with a thirty-six (36) inch circumference or larger, measured four and one-half (4 1/2) feet above the natural grade or, if branched below 4 1/2 feet, measured at the narrowest trunk segment between the lowest branch and the natural grade. All species of woody plants attaining a mature height over fifteen (15) feet and meeting the 36" circumference or greater requirement are "Mature Trees" for the purposes of this ordinance, except that the members of the following genera or species are not protected. a) Juniperus spp., ex. Ashe juniper b) Populus spp., ex. Cottonwood c) Platanus spp., ex. Sycamore d) Celtis spp., ex. Hackberry e) Morus spp., ex. Mulberry f) Melia azedarach L., Chinaberry g) Acer negundo L., Boxelder h) . Sapium sebiferum L., Chinese Tallow Large Trees - Any tree having a seventy-two (72) inch circumference or larger, measured four and one-half (4 1/2) feet above the natural grade, or if branched, below 4 1/2 feet measured at the narrowest trunk segment between the lowest branch and the natural grade is considered in this ordinance as a "Large Tree". KR W1 Part 2. That PART SIX of the Zoning Ordinance of the City of Georgetown be amended by changing tTe title of Part Six to read "GENERAL RULES FOR YARDS, LANDSCAPING AND PROTECTION OF TREES" and by adding Sections 6.3 and 6.4 as follows: 6.3 Landscape Requirements: 6.301 No lot shall be used for multi -family residential purposes which does not meet the following minimum landscape requirements: a) All required yards and recreational/private open space in multi -family/ town ho use/rowhouse developments will be landscaped except for required off-street parking and driveway areas. b) Plant materials will constitute at least 50% of the landscaped area. For each six hundred (600) sq. ft. of landscaped area or major fraction thereof, one tree of at least one inch diameter must be planted or an existing tree left standing. A "Large Tree" will be given a credit for six trees and a "Mature Tree" will be given a credit for three trees toward meeting the minimum tree requirement. Four shrubs of at least one gallon plant size shall be planted for each required tree. 6.302 No lot shall be used for Commercial purposes in the RM, RP and C1 districts which does not meet the following minimum landscape requirements: a) All required yards and lot area not covered by buildings shall be land- scaped except for required off street parking and access driveways. The minimum landscape area shall be 10% of all area on the lot not covered by buildings and required parking spaces. b) Plant materials wi 11 constitute at least 50% of the landscaped area. For each six hundred (600) sq.ft. of landscaped area or major fraction thereof, one tree of at least one inch diameter must be planted or an existing tree left standing. A "Large Tree" will be given a credit for six trees and a "Mature Tree" will be given a credit for three trees toward meeting the minimum tree requirement. Four shrubs of at least one gallon plant size shall be planted for each required tree. 6.303 Landscaping Public Right -of -Ways a) Unpaved public road right-of-ways adjacent to residential and com- mercial property will be included in the landscape plan and any such area in- cluded may be excluded from the minimum requirements established in Sections 6.3 of this ordinance. No new trees will be planted in the public street right-of-way or within 10 feet of the public street right-of-way or utility easement. b) All "Large Trees" in public street right-of-ways and easements will be preserved. No large tree will hereinafter be permitted in a public street or easement in future subdivision plans except by special permission of the City Council. C) All Mature Trees in public street right-of-ways and easements will be preserved if a feasible alternative utility service plan can be devised. Subdivision planning must give priority to preservation of Large and Mature Trees and these trees must be shown on preliminary and final subdivision plats. 6.304 Landscape Plan A Landscape Plan showing the intent and method of compliance with this ordinance shall be submitted with the building plans at the time of application for a building permit. The landscape plan must include: a) Legal description, address, plat or parcel boundaries drawn on a map of suitable scale and showing dimensions. b) Location of proposed structures, driveways, parking areas and easements. c) Location of existing trees and shrubs, proposed landscape area(s) and landscape planting layout. d) Landscape irrigation plan. e) Provisions for at least 100 Square feet of soil area beneath each tree. The Building Official may permit variations and substitution of larger size trees and shrubs required by this ordinance where the overall landscape scheme would be improved. 6.305 Certificate of Occupancy 00 A Certificate of Occupancy will not be issued for a building site which co requires landscaping until all landscaping has been installed and inspected by the Building Inspection Department. A temporary Certificate of Occupancy may be issued for up to six months to permit seasonal adjustment in planting, Q however, if the plan has not been completed within six months, the temporary Q Certificate of Occupancy will expire and the building will lose its legal status to be occupied. Part 3. The Landscape requirements of this ordinance will apply to Redevelopment of Older properties and must follow guidelines for non -conforming uses as set forth in PART FOUR of the Zoning Ordinance of the City of Georgetown. Part 4. Any Violation(s) of this ordinance will constitute a misdemeanor subject to a fine not to exceed two hundred dollars ($200.00) for each violation as set forth in PART FIFTEEN of the Zoning Ordinance of the City of Georgetown. Part 5. If any statement, section or clause in this ordinance is determined to be uncon- stitutional, ineffective,' invalid, or unenforceable, the balance of the ordiance will in no way, form or understanding be considered invalid. Part 6. This ordinance will become effective and enforceable following the passage of this ordinance by the City Council of the City of Georgetown. PASSED AND APPROVED this 13 day ofMa_, 1980, on first reading and on the 27 day of May , 1980, on second reading. J n C. Doerfler, a)dr ATTEST: W. L. Walden, City Secretary AP PROV ED: Joe McMaster, City Attorney 41 Q\