1988-1042370L
NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A NEW APPENDIX
C TO THE CODE OF ORDINANCES TO PROVIDE FOR TREE PRESERVATION,
LANDSCAPE, AND SCREENING REQUIREMENTS AND REGULATIONS, PROVIDING
FOR A SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE AMOUNT
OF FIVE HUNDRED DOLLARS ($500 00) FOR VIOLATIONS THEREOF, AND
PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Code of Ordinances of the City of
Denton7exas, is amended by adopting a new Appendix C to read as
follows
APPENDIX C
TREE PRESERVATION, LANDSCAPE, AND
SCREENING REQUIREMENTS AND REGULATIONS
ARTICLE I GENERAL PROVISIONS
100 Purpose
101 Short Title
102 Definitions
103 Illustrations
104 Appeals
105 Fees
ARTICLE II TREE PRESERVATION REGULATIONS
200 Permit for Removal of Protected Trees, Exceptions
201 Permit Requirements and Procedures
202 Capital Improvement Projects
ARTICLE III LANDSCAPING, TREE,
AND SCREENING REQUIREMENTS
300 Properties Subject to Requirements, Exceptions
301 Landscape Requirements for Street Yards
302 Tree Requirements for Street Yards
303 Landscape Requirements for Parking Lots
304 Screening of Parking Lots
305 Screening of Abutting Residential Uses
306 Screening of Waste Storage Containers
307 Landscaping and Use of Public Parkways and Easements
308 Traffic Barriers
309 View Obstructions
310 Determination, Review, and Approval Procedures
311 Compliance Requirements
312 Maintenance Requirements
ARTICLE I GENERAL PROVISIONS
100 Purpose
The purpose of this ordinance is
preservation of native trees within th
prevent the clear cutting of land, and
landscaping and screening requirements,
trees, landscaping, and screening protect
of the community by serving one of more of
to provide for the
City of Denton, to
:o provide for minimum
in recognition that
the health and welfare
the following purposes
a Providing for the preservation of larger native trees
which provide a valuable amenity to the urban environment, and
that once destroyed, can only be replaced after generations
b Providing for shade, windbreaks, and the cooling of air,
thereby reducing the requirements for air conditioning and
heating and the utilization of scarce energy sources
c Providing for the screening and buffering of residential
areas from the noise, glare, and visual effects of nonresidential
uses and generally providing breaks from the monotony of
urbanized development on the land
d Providing for open space, reducing the effects of soil
erosion, the conservation of water, and providing for more
efficient drainage of land, thereby reducing the need for
additional drainage facilities
101 Short Title
This Appendix C shall be known and may be cited as the Denton
Landscape Code
PAGE 2
102. Definitions
The following words, as used in this Appendix C, shall have
the meanings respectively ascribed to them, as follows
Code shall mean Appendix C, the Denton Landscape Ordinance
Department shall mean the Building Official or his designated
agents, or the department, division, or personnel otherwise
designated by the City Manager to administer or enforce any or
all of the provisions of this Code
Distribution/Warehousing Use shall mean the primary use of
property or handling commercial freight, with or without
maintenance facilities, where goods are delivered and transferred
from a truck or other form of transportation to a temporary
storage area or to other trucks or other forms of transportation
for commercial distribution Distribution/warehousing use shall
not include the use of property for the rental of storage space
to individuals for household goods or other materials for long
term storage, commonly known as "mini-warehouses "
Drip line shall mean the periphery of the area underneath a
tree which would be encompassed by the perpendicular lines
dropped from the outermost edges of the crown of the tree
Grass shall mean any of numerous grass specious that will
attar thick green cover of turf over the available soil area
Ground Cover shall mean any woody or herbaceous plant that
effectively haades out sod and that will not generally reach a
height of over two feet (2')
Landscaped Area shall mean an area within the boundaries of
properties which is devoted to and consists of trees, plant
material, water forms, and any planters, brick, stone, water
forms, aggregate and other features used primarily for
landscaping purposes, but not including the use of smooth
concrete or asphalt
Manufacturing Use shall mean a use of property for the
mechan ca or c hem cad transformation of materials or substances
into new products
Nonresidential Use shall mean any use of property other than
for a one or two am y dwelling, as defined by Appendix B-Zoning
of the Code of Ordinances
Parkin Lot shall mean a parking lot as defined by the Denton
Deve opment Co e
PAGE 3
PPaarkwa shall mean the area lying between the street
right-of-way line of any public street, which is not an alley,
and the curb line of the street, or if there is no curb line, the
shoulder of the street, or if there is no shoulder or curb, the
traveled edge of the pavement of such street
Plan shall mean the Landscape Site Plan required to be
submitted and approved in accordance with Article III of this
Code
Plant Materials shall mean living trees, shrubs, vines,
grass, ground covers and flowering annuals, biennials, and
perennials
Plant List shall mean the list of plant materials maintained
by the Para and Recreation Department, shown in Attachment 2
Protected Tree shall mean a living tree whose trunk is at
least ten inches 10") in diameter, measured twelve inches (12")
above the ground
Property shall mean the real property included within the
boun a~ rimes of any lot approved and recorded in the plat records
of Denton County, or an unplatted tract or parcel of land as
described and recorded in the Real Property Records of Denton
County, Texas
Removal as applied to protected trees, shall mean the
uprooting or severing of the main trunk of the tree, or any or
other act which causes or may reasonably be expected to cause the
tree to die
Shrub shall mean a woody perennial plant distinguished from a
perennfaf herb by its persistent, woody stem and from a tree by a
mature height of less than fifteen feet (15') and having no
distinctive elevated crown of foliage
Street Yard shall mean the area of a lot which lies between
the street- r'fg-ht-of-way line and the front wall building line,
determined in accordance with the provisions of Article III
Tree shall mean a self-supported woody plant which usually
produces one main trunk and a more or less distinct and elevated
head with many branches
Vine shall mean a woody or herbaceous plant of the type which
may c3 mb by twining or which normally requires external support
to reach its mature form
PAGE 4
103 Illustrations
The illustrations attached to this Code, designated as
Attachment 1 (Illustrations No 1 through Illustration No 10),
are adopted as part of this Code The illustrations are intended
to show in pictorial form, the requirements of this Code When
necessary, the adopted Illustrations shall also be used in
conjunction with the written text to interpret or apply any
provision or requirement of this Code
104 Appeals
Any person aggrieved by the application or interpretation of
any provision of this Code, including the denial of any certifi-
cate or permit required herein, may appeal the application,
interpretation, or decision to the Planning and Zoning Commission,
by filing a written notice of such appeal with the Department
within ten (10) days of the action complained of The Planning
and Zoning Commission shall affirm, uphold, or modify the applica-
tion interpretation, or decision appealed from, based upon the
provisions of this Code, as it deems appropriate The reason for
its decision shall be reduced to writing or be read into the
minutes of the Commission
105 Fees
The City Council may adopt a fee or fees, in the amount to be
established by ordinance, to administer and enforce the provisions
of this Code
ARTICLE II
TREE PRESERVATION REGULATIONS
200 Permit for Removal of Protected Trees, Exceptions
No person shall remove or cause the removal of any protected tree
from any property within the City of Denton without first
securing a permit from the Department, except as follows
a The protected tree to be removed is approved in
accordance with the required Landscape Site Plan as provided for
in Article III of this Code
b The protected tree is located on property upon which there
is located a one or two-family dwelling for which a final plat or
PAGE 5
replat has been approved and recorded in the plat records of
Denton County, Texas
c The protected tree is located within a street right-of-way
or a utility easement required as part of an approved final plat
d The protected tree is located on property which, on the
effective date of this Code, is being lawfully used primarily for
the business of mining or extracting natural resources, such as
sand, gravel, clay, or stone
e The protected tree has sustained damage in the form of a
broken trunk, broken limbs, or uprooting, which creates an
immediate hazard to life or property, and the removal is effected
before the beginning of the fifth business day following the
occurrence of the damage In any case where the City suffers
widespread storm damage, the Department may extend the time
period allowed for removal
f The protected tree is
improvements constructed under
Improvement Plan, provided the
accordance with this article
to be removed pursuant to
the City's approved Capital
removal has been approved in
g The protected tree is to be removed in order to make
improvements to property in accordance with an application for
the building permit properly submitted prior to the effective
date of this article and the improvements are to be made in
accordance with such permit issued
201 Permit Requirements and Procedures
a Application Required Any person required to obtain a
permit to remove any protected tree shall submit a completed
application to the Department, along with a site plan, in the
form and manner specified by the Department, containing the
following information
1 The size of the property, the location of any existing
buildings, and the location of any proposed buildings
or improvements for which removal of a protected tree
is being requested
2 The location and the diameter, measured twelve inches
(12") above ground level, of the protected tree to be
removed, and the reason why removal is necessary
PAGE 6
3 Such other information, as specified by the Department,
as may be reasonably necessary to administer and
enforce the provisions of this article
b Issuance of Permits A permit authorizing removal may
include one or more protected trees on any one property Each
permit shall automatically expire within one year of the date of
issuance The application for removal of a protected tree shall
only be granted, as determined by the Department, in accordance
with the following
1 Tree Conditions The application is for removal of a
protected tree which is dying or so severely diseased
or damaged that its restoration to sound condition is
not practicable, its disease can be expected to be
transmitted to other trees and to endanger their health,
it is a hazard to life or property which cannot be rea-
sonably mitigated without removal, or removal is neces-
sary to insure the survival of other protected trees
2 Trees Not Within Street Yards Where the application
Is or remova o a protecte tree on property used or
to be used for multi-family or nonresidential use and
the tree preservation and Landscape Site Plan require-
ments of Article III do not apply, the application
shall be granted if the protected tree is not located
within the existing street yard, as determined in
accordance with this Code
3 Trees Not Within Front Side and Rear Yards Where
the application s or remova o a protected tree
located on property zoned for one or two-family
dwelling use and for which a final plat or replat has
been approved, but on which no dwelling exists, the
application shall be granted if the protected tree is
not located within any front, side, or rear yard, as
shown on the required site plan
4 Construction Repairs, or Improvements on Pro ert
Where the provisions o paragraphs ZVID, 1, or do
not apply, and the application for removal of a pro-
tected tree is requested in order to undertake any
construction, repairs, or make any improvements to any
property, the Department shall grant the application
for removal if it determines, after review of the plans
for the proposed repairs, construction, or improvements,
that reasonable efforts have been made to avoid removal
of the protected tree In making its determination of
whether reasonable efforts have been made, the Depart-
ment shall consider the following
PAGE 7
(a) The feasibility of using alternative repair or
construction methods or techniques,
(b) The feasibility of rerouting or relocation of
sewer, water, electric, gas lines or equipment,
drainage facilities, sidewalks, driveways, or other
utilities, equipment, or improvements required or
needed to serve any building or use located or to
be located on the property or other property
Where strict compliance with the design standards,
requirements, or regulations or Appendix A would
prevent the rerouting or relocation of the
improvements, the Department may, upon approval of
the Development Review Committee, allow a
modification of the standard, requirement, or
regulation to allow preservation of the protected
tree so long as there would be no substantial
adverse effect from such modification, and
(c) The additional cost, if any, that would be incurred
as a consequence of insuring preservation of the
protected tree
202 Capital Improvement Projects
All City capital improvement projects shall be designed and
constructed so as to preserve protected trees to the degree that
is reasonably possible If the proposed project would result in
the removal of any protected tree, the department responsible for
the project shall, at or prior to the final design of the project,
submit to the Planning and Zoning Commission information as to
what protected trees would be removed as a result of the project
If the Commission determines that the proposed project would
unnecessarily cause the removal of any protected tree, the infor-
mation submitted to the Commission, along with the Commission's
recommendation thereon, shall be submitted to the City Council
for its approval
ARTICLE III
LANDSCAPING, TREE, AND SCREENING
REQUIREMENTS
300 Properties Subject to Requirements, Exceptions
After the effective date of this Code, all properties for
which a building or parking lot permit is required to make any
improvements to any property used or to be used for multi-family
PAGE 8
or nonresidential use, shall comply with the requirements of this
article, unless it meets one of the following exceptions
a The building permit issued is for the repair or restora-
tion of a building to its prior condition within twelve months of
the date it was damaged or destroyed by fire, explosion, wind,
flood, tornado, or other accident or weather phenomena
b The building permit issued is for the purpose of
remodeling or expanding an existing building or the construction
of one or more additional buildings which does not result in the
placement of any front wall building line into the existing
street yard
c The building permit issued is for a building located on
property zoned as a planned development district for which a
landscape plan was approved with a detailed plan prior to the
effective date of this Code Any request submitted for amendment
of a detailed plan after the effective date of this Code which
would result in any change to the approved landscape plan, shall
require compliance with the provisions of this article
d An application for the building permit for property to
which this article applies, was properly submitted prior to the
effective date of this Code and the improvements are to be made
in accordance with such permit issued
301 Landscape Requirements for Street Yards
a Area Requirement The street yard shall contain a perma-
nently andscaped area of at least twenty percent (20%) of the
total area within the street yard (See Illustrations No 1 and
2), except as follows
1 Manufacturing and Distribution/Warehousing Uses When
a building permit issued is for any building to be used
for a manufacturing or distribution/warehousing use
located on property which does not have frontage upon
an arterial street, the street yard shall contain a
permanently landscaped area of at least ten percent
(10%) of the total area within the street yard
2 Improvement of Existing Uses When a building permit
issued is for the expansion of an existing building
into the existing front yard, or a parking lot permit
issued is for the construction of a new parking lot or
the expansion of an existing parking lot into the
existing street yard on property which has an existing
PAGE 9
building or parking lot, the street yard shall contain
a permanently landscaped area which is at least equal
to the area calculated as follows
The total area of the building or parking lot
to be located within the existing front yard,
divided by the total area in the existing
street yard, and the result multiplied by
twenty percent (20%)
b Credits
Each square foot of permanently maintained permeable
area within the drip line of a protected tree located
within the street yard shall count as 1 5 square feet
of required street yard landscaped area Overlapping
drip lines of protected trees shall only be counted
once toward the required street yard landscaped areas
All landscaping in the permanent parkway installed by
the applicant shall be credited toward the street yard
landscaping area requirements
c Water Su 1 Exterior water supply outlets, sufficient
in number an ocation, shall be provided for maintenance of the
required trees and landscaped areas
302 Tree Requirements for Street Yards
a Number Re uired The street yard of each lot shall contain
trees, o a m n mum of two inches (2") in diameter, measured at
ground level, in the following ratios
For street yards less than 110,000 square feet, one
tree per 2,500 square feet, or fraction thereof, of
street yard
2 For street yards equal to or over 110,000 square feet,
fifty (50) trees, plus one tree per 5,000 square feet,
or fraction thereof, of street yard
b Preservation of Protected Trees The number of trees
required in the street yard sha Be met, whenever possible, by
the preservation of existing protected trees, if any, located
within the street yard Where parking lots are to be constructed
to serve any development, the development shall be designed where
possible, so as to avoid locating any parking lot, or portion
thereof, in a street yard if such locating would result in the
PAGE 10
removal of any protected tree
number of trees required for the
Plan required by this article,
protected tree from the street
follows
that is necessary to meet the
street yard The Landscape Site
which shows removal of any such
yard, shall only be approved as
1 The removal would leave sufficient number of other
protected trees within the street yard to meet the tree
requirements of this article, or
2 Where the protected tree to be removed would otherwise
be necessary to meet the number required for the street
yard, 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 utilities, facilities, or
improvements within the street yard to serve the
property, the Department may approve the Plan, if it
determines reasonable efforts have been made to avoid
removal of the protected tree In determining whether
reasonable efforts have been made, the Department shall
consider the following
(a) 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
(b) The additional cost, if any, that would be incurred
in insuring preservation of the protected tree
c Tree Credits Any protected tree located within the
street yard and ich is preserved as shown on the approved
Landscape Plan, shall count as two trees toward the number of
required trees, if it is healthy and without substantial damage
or defect
d Permeable Areas So as to insure the viability of the
require trees in t e street yard, a permeable area shall be
maintained around each tree For protected trees, a permeable
area encompassing the area within the drip line of the tree shall
be maintained For newly planted trees, the required permeable
area shall be in size as specified in the Plant List, based on
the size and species of tree planted A "permeable area" shall
mean an area that is not covered with asphalt or concrete or
other similar impervious material, except for landscaping
materials as approved by the Department
PAGE 11
303 Landscape Requirements for Parking Lots
a Street Yard Parking Lots
General Any parking lot or portion thereof which is
constructed within a street yard and which is to
contain more than twenty (20) parking spaces, shall
provide permanently landscaped areas consisting of
islands, peninsulas, or medians within the interior of
the lot, which in total area are equal to or greater
than five percent (5%) of the total area of the parking
lot or portion thereof located within the street yard
2 Manufacturing and Distribution/Warehousing Uses For
properties to be used for manufacturing and distri-
bution/warehousing uses, the landscaping area require-
ments for street yard parking lots shall be determined
by including only 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
b Other Parking Lots
General Any parking lot or portion thereof which is
constructed other than in a street yard and which has
more than twenty (20) parking spaces, shall provide
landscaped areas consisting of islands, peninsulas, or
medians equal to or greater than four percent (4%) of
the total area of the parking lot
Manufacturing and Distribution/Warehousing Uses For
properties to be used for manufacturing and distri-
bution/warehousing uses, the landscaping area require-
ments for parking lots not located within the street
yard shall be determined by including only 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
c Credits The required landscaped area for street yard
parkingIots provided for in this section shall be credited
toward the required street yard landscaping area requirements of
this article, except that the required street yard parking lot
landscaping for manufacturing and distribution/ warehousing uses
that do not have frontage on an arterial street shall not be so
credited
d Distribution of Landsca ed Areas The required landscaped
areas or par ng lots a a e more or less evenly distributed
PAGE 12
throughout the parking lot, although adjustments may
by the Department, where the shape or size of the
the location of existing trees, or other natural
reasonably prevent such distribution
304 Screening of Parking Lots
be approved
parking lot,
constraints,
a Perimeter Requirements The perimeter of each parking
lot, excluding driveways, which fronts upon or is adjacent to a
public street, other than a public alley, shall be provided with
a visual screen of a minimum height of three feet (3'), measured
from the surface of the parking lot perimeter
g aterials The required visual screen shall
b Screenin M
consist oo one or more of the following
1 An earthen berm, with a slope not exceeding one foot in
height for each three feet in width, planted and main-
tained with grass or ground cover (Illustration No 3)
2 A solid stone or masonry fence used in conjunction with
plant materials, as approved by the Department
(Illustration No 4)
3 Plants which are of a species specified in the Plant
List recommended for local use and which would be
expected to provide a screen of the required height
within three years of planting The plant material
must be located within a planting bed which is at least
five feet in width The minimum plant material shall
include one tree at least two inches (2") in diameter,
measured twelve inches (12") above ground level,
selected from the approved plant list, for every fifty
(50) linear feet of street frontage, four (4) evergreen
shrubs per tree, and turf grasses (Illustration No 5)
c Credits Where the required perimeter screening is to be
provide so e y by plants, the required area of the planting bed
which is located within the street yard, shall be credited toward
the required landscaping area for the street yard, if any, except
that where property is used solely as a parking lot, no credit
shall be given for the screening requirements of this section
305 Screening of Abutting Residential Uses
a Requirements In order to preserve and protect the use
and enjoyment xisting residential uses, the owner of property
PAGE 13
to which this article applies, shall construct a screen of a
minimum of six feet (61) in height, measured from ground level,
along the entire property line of any abutting residential use
The required visual screen shall be of materials or plants as
provided for in the required screening for the perimeter of
parking lots, or a wood fence which is used in conjunction with
plant materials, as approved by the Department
b Waivers and Modifications The Planning and Zoning
Commission may, upon the written request of any owner to which
this section applies, and after a public hearing for which
abutting residential occupants shall be given written notice,
waive or modify in whole or in part the required screening if all
or part of the required screening is clearly not necessary to
protect or preserve the enjoyment and use of the abutting
residential property as currently used or designed to be used
In making the determination, the Commission may consider the
compatibility of the uses of the abutting properties, the
distance and locations of the adjoining uses, the topography,
shape, size, or natural features of the adjoining properties, the
suitability of any alternative screening or buffering proposals,
and other similar factors
306 Screening of Waste Storage Containers
Any property to which this article applies, which will make
use of any commercial or industrial waste storage containers for
the disposal and removal of garbage or trash on the property, and
which are visible from a public or private street, shall con-
struct, and thereafter maintain, a permanent screen of a minimum
height of six feet (6') on three (3) sides of the waste container
The required screen shall consist of a wood, stone, or masonry
fence, or shrubs that will reach the required height within three
(3) years of planting, or a combination thereof
307 Landscaping and Use of Public Parkways and Easements
The following regulations shall apply to all public parkways
and public easements on or abutting any property to which this
article applies
a The owner of property abutting upon parkway shall landscape
and maintain the abutting parkway with grass or ground cover or a
combination thereof Parkways or public easements may be planted
with trees and shrubs if
PAGE 14
1 They are not located so as to interfere with the use,
maintenance, or repair, of any natural or man-made
drainage facilities, public water or sewer lines, or
other public utilities or facilities,
2 They are not located within five feet (5') of an
electrical utility pole and will not reach a mature
height which will pass within eight feet (8') of an
electric transmission or distribution line, and
3 They are not located so as to create a view obstruction
for vehicular traffic in violation of any City
ordinance
b All landscaping in the permanent parkway shall be credited
toward the street yard landscaping requirements
c No sprinkler or lighting system, planters, dividers,
fences, decorative columns, fixtures, equipment, or similar
materials, used as or for the maintenance of landscaped parkways,
shall be placed within any parkway or public easement abutting a
public street under the control of the City, except upon written
agreement between the City and the property owner abutting the
parkway
308 Traffic Barriers
All landscaped areas, including the permeable areas and drip
lines around trees and planting beds used for visual screens,
which abut any parking lot or vehicular travel area shall be pro-
tected with curbs, parking blocks, or similar barriers sufficient
to protect them from vehicular intrusion
309 View Obstructions
All landscaping, trees, screening devices required by this
article shall be constructed, installed and maintained so as not
to obstruct the view of motorists between the street and the
access drives and parking aisles near the street yard entries and
exits, nor shall any landscaping which creates an obstruction of
view be located in the radius of any curb return
310 Determination, Review, and Approval Procedures
The following provisions and procedures shall apply to the
determination, review, and approval of the requirements of this
article
PAGE 15
a Determination of Street Yard For purposes of applying
any provision or requirement o this Code relating to street
yards, the street yard shall be determined in accordance with the
following provisions
1 The "front wall building line" of the street yard shall
be determined by drawing a line along the front building
wall of each building on the lot facing or fronting the
street right-of-way line, and where there is more than
one building on the lot, by extending the line in a
straight line between the outermost corners of each
front building wall line of each building, and then
extending the line from the outermost corners of the
front building wall line of each building or buildings
nearest the side lot lines, parallel to the street
right-of-way line, to the side lot lines of the
property (Illustration No 6)
2 The front wall building line shall not include porches
and steps, and those portions of any sign, roof, window
and other projections from the front building wall
which extend beyond the building wall, as located at
ground level
3 The street right-of-way line to be used in determining
the street yard shall be the right-of-way line along
all public streets that are not alleys Where any
property is approved with a private street, the street
yard of each lot fronting thereon shall be determined
by using the curb line of the private street as the
right-of-way line
4 The street yard shall apply to each separately platted
lot, or each portion of each lot which is leased for a
business contained in a separate building
5 Where property is developed with more than one building,
such that one or more smaller isolated buildings are
placed between the street right-of-way line and one or
more other larger buildings located on the property,
the street yard shall be determined by the front wall
building line drawn along the front wall of the
building or buildings which have the most linear feet
of front wall facing the street right-of-way line
(See Illustration No 7)
6 Where a property is used solely as a commercial or
private parking lot, the street yard shall include the
whole property
PAGE 16
7 Where any property on one lot is to be developed in
phases, so that only a portion of the determined street
yard is to be used (such as parking lots for the
current phase), the Department may define or limit the
street yard to the area being currently developed or
used
8 In calculating the area contained within the street
yard for purposes of determining the tree and land-
scaping requirements of this article, the area occupied
by buildings shall not be counted as the area within
the street yard
b Common or Phased Development When any property is deve-
loped in p Eases, or is a common or unified development including
more than one platted lot, the Department may apply the require-
ments of this article 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 article
c Landsca a Site Plan Required The owner of any property
to which t s artic a app es, shall submit a Landscaping Site
Plan ("Plan") to the Department, in the form and manner specified
by the Department, prior to the issuance of a building permit for
any building on the property, or prior to the issuance of a
parking lot/driveway permit for any parking lot to which this
article applies The Plan shall contain sufficient detail, as
specified by the Department, to show the following
1 The location of all existing or proposed buildings
which define the street yard, and the square footage
included within the defined street yard
2 How the tree requirements for the street yard are to be
met, including the number, size, and location of all
protected trees which are located within the street
yard, those which are to be removed, and those which
will remain
3 How the requirements of landscaping of twenty percent
(20%) of the street yard are to be met, including the
location and size of all areas in the street yard that
are to be permanently landscaped
4 When the internal landscaping requirements for parking
lots apply or the requirement of perimeter screening of
parking lots applies, the size and location of the
PAGE 17
parking lot, the number of parking spaces, and how the
requirements for screening are to be met
5 When the property is required to provide screening for
abutting residential uses, how the requirements are to
be met
When the property is required to provide screening for
waste storage containers to be used on the property,
how the requirements are to be met
Such other information, as specified by the Department,
as may be reasonably necessary to administer and
enforce the provisions of this article
d Review and A roval of Plan When properly submitted, the
Department s a sen t e P an to the Development Review Committee
for its review and approval The Committee shall return the Plan
to the Department noting thereon its approval or disapproval if
disapproved, the Committee shall specify the reasons why the Plan
does not comply with the provisions of this article
e Alternative Plan Approval Upon the request of any owner
article applies, the Planning and
of property to which MIS
Zoning Commission may approve an alternative Plan which is not in
strict compliance with the requirements of this article, if the
Commission finds that such alternative Plan meets the purpose and
intent of the requirements of this article and the alternative
Landscape Plan is clearly superior to a Plan that would be in
strict compliance with this article In making the determination,
the Commission may consider the topography, shape, size, or other
natural features of the property, the suitability of any alter-
native screening or buffering proposals, and other similar
factors
f Conflicts with City Develo went Standards In any case
where comp ance w t the design. stan ar s, requirements, or
regulations of Appendix A would result in a condition that would
require removal of a protected tree, the Development Review
Committee may allow a modification of the standard, requirement,
or regulation to allow preservation of the protected tree so long
as there would be no substantial adverse effect from such
modification
g Amendment of Plan
provisions o the article
approved for the property,
or improvements to be made
the property not being in
No owner of property to which the
applies and for which a Plan has been
shall allow or cause any construction
on the property which would result in
compliance with the
PAGE 18
approved Plan after
the construction or improvements are completed, unless and until
an application for amendment of the approved Plan is submitted
and approved in accordance with the provisions applicable to
initial Plans No application for an amended Plan that does not
comply with the requirements of this article shall be approved
311 Compliance Requirements
a Com liance with Plan and Re uirements When the Plan has
ne on e with the Department
been approved, it shall V en
No Certificate of occupancy shall be issued for any building until
and unless the tree, landscaping, and screening requirements, as
shown on the approved Plan, and other requirements of this
article not required to be shown on the approved plan, are met
Where the provisions of this article apply to the construction or
expansion of a parking lot on property where no construction or
modifications of any buildings occurs that would require the
issuance of a Certificate of Occupancy, the owner of the property
on which the parking lot was constructed shall not make use or
allow the use of the parking lot until all requirements of this
article are met
b Plant Materials Any plant materials used to meet the
landscape requirements of this article shall be of the species
contained on the Plant List The Parks and Recreation Depart-
ment, however, may approve the use of other plant materials not
shown on the Plant List if it is satisfied that they are suitable
for the climate and conditions of this area Required landscaped
areas may make use of brick, stone, aggregate or other inorganic
material, if not predominate over the use of organic plant
material
c Extension of Time for Com liance When, because of
adverse seasons con t ona, comp iance w th all or part of the
approved Plan would be impractical, the Department may issue one
or more temporary Certificates of Occupancy, not to exceed a
total of 180 days, to allow compliance with the Plan
312 Maintenance Requirements
a After complying with the requirements of this article, the
owner and each successive owner of the property to which this
article applies, shall maintain the required trees, landscaped
areas, and screening devices in good condition, and shall
otherwise maintain the property so as to comply with any other
requirement of this article
PAGE 19
b Where any owner of property to which this article applies,
fails to reasonably maintain the required trees, landscaping, or
screening devices, or maintain the property so as to comply with
any requirement of this article, the Department may issue a
written notice and order to the owner requiring the owner to
replace any dead or dying trees or landscape plant materials that
were required by the Plan or this article, repair or replace any
man-made screening fence required by this article which is
destroyed, removed, or becomes dilapidated or in disrepair, or
require any other action otherwise necessary to abate or correct
any condition to meet the requirements of this article
c Within ninety days of issuance of the notice and order,
the owner shall comply therewith The Department may grant an
extension of time beyond the required ninety day period for the
replacement of required plant material, where seasonal or adverse
weather conditions, make replanting or replacement within such
period of time impractical
SECTION II That if any section, subsection, paragraph,
sentence, case, phrase or word in this ordinance, or applica-
tion thereof to any person or circumstance is held invalid by any
court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity
SECTION III Any person who shall violate a provision of
this or nance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued there-
under, shall be guilty of a misdemeanor punishable by a fine not
exceeding Five Hundred Dollars ($500 00) Each such person shall
be deemed guilty of a separate offense for each and every day or
portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such viola-
tions such person shall be punished within the limits above
SECTION IV That the provisions of Article I and II of this
ordinance sFaT1 become effective fourteen (14) days from the date
of passage of this ordinance, provided, however, that until the
provisions of Article III become effective as provided herein,
the provisions of Article II, 200 a , allowing the removal of a
protected tree without a permit in accordance with an approved
Landscape Site Plan shall not apply The provisions of Article
III of this ordinance shall become effective ninety (90) days
from the date of the passage of this ordinance
PAGE 20
SECTION V That the City Secretary is hereby directed to
cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the~1- day of ) 1988
Y ST P~~N YOR
ATTEST
J~R A TERSRETARYA TERSRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY M~
PAGE 21
ATTACHMENT 1
ILLUSTRATIONS
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ILLUSTRATION U5
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DETERMINING STREET YARD
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ATTACHMENT 2
PLANT LIST
TREES
Botanical Name M
Carya illinoensis
Cercis canadensis var
texensis (106)
Chilopsis linearis (123)
Cotinus coggyria (108)
Deciduous magnolia
Gleditsla triacanthos
inermis (80)
Ilex vomitorla (41)
Japanese maple
Juniperus chinensis (9)
Juniperus scopularum (18)
Juniperus virgintana (16)
Lagerstrosmia Indica (122)
Maclura pomifera var
'Park' (95)
Photinia serrulata (50)
Pinus eldarica (24)
Pistacia chinensis (102)
Populus deltoldes (73)
Possum haw holly
Post oak
Prunus cerasifera (104)
Prunus maxicana
Pyrus calleryana (99)
Quercus fusiformis (47)
Quercus macrocarpa (90)
Quercus shumardil (93)
Quercus texane
Rhus Ianceolata (139)
Sapindus drummondl (109)
Sweetgum
Taxodium distichum (69)
Texas mountain laurel
Texas persimmon
Texas red oak
Ulmus crassifolia (77)
Ulmus parvifolia (77)
Vitex agnus-castus (141)
Range In
Mature
Common Nana Heiaht
Pecan 30-100
Texas Redbud 15-40
Desert Willow 10-20
Smoke Tree 12-18
Magnolia soulangeana
Thornless Honeylocust
Yaupon Holly
Acer palmatum atropurpureum
Chinese Juniper
Rocky Mt Juniper
Eastern Red Cedar
Crape Myrtle
Fruitless Bois d' Arc
Chinese Photinia
Afghan Pine
Chinese Pistache
Cottonwood (Cottonless)
Ilex decidua
Wuercus glaucoides
Purple Leafed Plum
Mexican Plum
Bradford Pear
Escarpment Live Oak
Bur Oak
Shumard Oak
Texas Oak
Flameleaf Sumac
Soapberry
Liquidembar styraciflua
Bald Cypress
Sophora secundiflora
Diospyros texana
Quercus texana
Cedar Elm
Lacebark Elm
Vitex
Range In
Mature
Root
Spread
Area
(Dripline)
Allowance
30-100
900
12-30
144
6-12
3,6
10-12
100
Minimum
Median
Width
15'
12'
6'
10'
10-75
25-40
625
12'
5-25
6-15
36
6'
10-30
10-20
100
10'
15-30
6-12
36
6-
20-40
10-30
100
10'
6-20
5-10
25
5'
30-60
25-40
625
12'
10-20
8-15
64
8'
25-45
15-30
225
10'
20-40
20-30
400
10'
60-125
10-80
900
15'
15-25
10-12
100
10'
15-25
10-15
100
10'
30-40
15-35
225
10'
25-60
15-60
225
10'
50-75
30-75
900
15'
60-100
30-60
900
15'
25-40
20-30
400
10'
10-15
5-10
25
5'
25-48
20-40
400
10'
5-100
25-50
625
12'
40-75
30-50
900
15'
30-60
30-160
900
15'
5-15
5-10
25
5'
• Page number from "Trees, Shrubs, Vines and Groundcovers for North Central Texas" by M L Baker,
Texas Agricultural Extension Service, Texas A&M University Systems, April 1987
Attachment 2
Plant List
Page 2
Groundcovers and Vines
Asian Jasmine - Trachelospermum aslaticum
Carolina Jessamine - Geisemium sempervirens
Coral honeysuckle - Lonicera Sempervirens
English ivy - Hadera Helix
Lady Banksfa - Rosa banksias
Mondo grass - Ophiopogon Japonicum
Monkey grass - Lirlope muscari
Purple honeysuckle - Lonfcera japonica chinesis
Purple wintercreeper - Euonymous coloratus
Sedum - many species
Virginia creeper - Parthenocissus quinquefolia
Shrubs
Barberry - Berberis atropurpurea
Burford holly - Ilex cornuta burfordi
Cleyera - Cleyera Japonica
Cotoneaster - Cotoneaster glaucophylla
Dwarf Buford holly - Ilex cornuta burfordi nana
Dwarf Chinese holly - Ilex cornuta rotunda
Dwarf Yaupon holly - Ilex vomitorfa nano
Dwarf crepe myrtle - Lagerstroemfa indica
Dwarf nandina - Nandfna domestics nana
Indian hawthorn - Raphiolepsis indica
Juniper - many species
Leatherleaf mahonia - mahonia bealef
Nandfna - Nandfna domestica compacts
Nellie R Stevens Holly - Ilex Nellie R Stevens
Photinia - Photfnfa fraseri
Red yucca - Hesperaloe parviflora
Santolina - Chamaecyparissus and virens
Silverberry - Elaeagnus
Softleaf yucca - Yucca pendula
Texas sage - Leucophyllum frutescens compacta
29288