HomeMy WebLinkAboutOrdinance 1938
ORDINANCE NO. 1938
AN ORDINANCE BY THE CITY OF NORTH RICH LAND HILLS, TEXAS, AMENDING ZONING ORDINANCE NUMBER 1874, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY, REGARDING THE LANDSCAPING, BUFFERING, AND SCREENING
REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after appropriate notice and public hearing, the following recommendation is submitted to the City Council of
the City of North Richland Hills, Texas, by the Planning and Zoning Commission; and
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills, Texas, has forwarded a
recommendation to the City Council for amendment of Ordinance No. 1874, the Comprehensive Zoning Ordinance, by
changing the said ordinance as set forth herein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS:
1.
THAT, Article 9, of the Zoning Regulations of the City of North Richland Hills, be hereby amended to read as follows:
ARTICLE 9
LANDSCAPING, BUFFERING, AND SCREENING REGULATIONS
Section 900. LANDSCAPING REGULATIONS
A. Purpose These landscaping regulations provide standards and criteria for new landscaping with live plant
material, and are intended to promote the value of property, enhance the general welfare, improve the physical
appearance of the City, and enhance the community's ecological, environmental and aesthetic qualities.
1. It is the intent of this Section to establish requirements for the installation and maintenance of
landscaping and buffering elements and other means of site improvement on existing and newly developed
property in order to enhance the community's ecological, environmental and aesthetic qualities.
2. It is the intent of this Section to reduce the negative effects of increases in air temperatures, glare,
noise, erosion, and sedimentation caused by expanses of impervious and unvegitated surfaces within the
urban environment.
3. It is the intent of this Section to preserve and improve the natural urban environment by recognizing that
the use of landscaping elements can contribute to the processes of air purification; oxygen regeneration;
ground water recharge; storm water runoff retardation; and the abatement of noise, glare and heat.
4. It is the intent of this Section to safeguard and enhance property values and protect public and private
investment.
B. Applicability The provisions of the Landscaping Regulations contained in this Section shall apply in the
following situations:
1. When an existing building is proposed for remodeling, alteration, addition, or expansion, in which the
value of the proposed construction exceeds seventy-five percent of the current appraised value of the
existing structures, excluding the value of the land; or,
2. When an existing building is proposed for an addition that will increase the square footage of the
existing building by thirty percent or greater; or,
3. Upon all new construction; or,
4. As a requirement of the approval of a Special Use Permit or Planned Unit Development.
C. General Criteria
1. The standards contained in this Section are considered minimum standards and shall apply to the
following zoning districts: R-7-MF Multi-Family District; 0-1 Office District; LR Local Retail District; C-1
Commercial District; C-2 Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District;
1-2 Medium Industrial District; and U School, Church, and Institutional District. Agricultural uses and single-
family and two-family residences and their accessory buildings shall be exempt from the requirements of
this Section.
2. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. A Certificate of
Occupancy will be issued only when it is determined by the Enforcing Officer that all landscaping has been
installed in accordance with the approved Landscape Plan. If it is determined by the Enforcing Officer that
planting of live material is hindered by adverse weather conditions, an extension of time may be granted for
a period of up to six months.
3. The landscaped area shall not be used for parking, the display or storage of merchandise, or any
structure requiring a permit, except for permanent signs.
D. Landscape Plan Required When an application is submitted for a building permit on any site where these
Landscape Regulations are applicable, the building permit application shall be accompanied by a Landscape
Plan. The Enforcing Officer shall review the Landscape Plan to determine compliance with these Landscape
Regulations. The Landscape Plan shall include sufficient information to determine compliance with this Section,
and shall as a minimum contain the following information:
1. The date, scale, north arrow, title, and name of owner.
2. A minimum scale of not less than one inch equals twenty feet.
3. All existing and proposed buildings and other structures, paved areas, planted areas, power poles, light
standards, fire hydrants, signs, fences, sidewalks, and other permanent features to be added and/or
retained on the site.
4. The location and height of all trees to be preserved or retained.
5. The location of all plants and landscaping material to be used including paving, benches, screens,
fountains, statues, or other landscape features.
6. A delineation of the designated landscaped area
7. A list of the species of all plant material to be used.
8. A list of the size and height of all plant material to be used.
9. The spacing of plant material where appropriate.
10. The layout and description of irrigation system.
11. The name, address, and telephone number of the person or firm responsible for the preparation of the
Landscape Plan.
E. Required Landscaped Area Every platted lot, as required by this Section, shall provide a landscaped area
equivalent to fifteen percent (15%) of the total land area of the lot. At least one-half of the required total
landscaped area shall be located in the street yards. All ground surfaces not used for buildings, sidewalks,
roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover,
flowering plants or appropriate mulching.
F. Landscaping Credits As an alternative to the required fifteen percent total landscaped area, landscape credits
may be utilized to reduce the total amount of land area dedicated for landscaping purposes. However, in no
instance shall the credits reduce the total amount of landscaping on a lot to less than seven and one-half percent
of the total land area. Credits are only allowed if the feature is maintained as a permanent element of the
Landscape Plan. Credits are allowed as follows:
Ordinance No. 1938
Landscape Regulations
Page 2
1. Credit for Shrubs: Landscaping credit may be allowed for shrubs included in the landscape plan
according to the following table:
Table 9-A
Equivalent landscape Area for Shrubs
Height of Shrubs Above
Finished Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
l'
2'
3'
4'
5' and above
10 sq. ft.
15 sq. ft.
20 sq. ft.
25 sq. ft.
30 sq. ft.
2. Credit for Trees: Landscaping credit may be allowed for trees included in the landscape plan according
to the following table:
Table 9-8
Equivalent Landscape Area for Trees
Height of Trees Above
Finished Grade. When Planted
Equivalent Landscaped
Area Credits (square feet)
6'
7'
8'
9'
10'
11'
12'
13'
14'
15'
16' and above
90 sq. ft.
130 sq. ft.
180 sq. ft.
240 sq. ft.
300 sq. ft.
370 sq. ft.
440 sq. ft.
500 sq. ft.
590 sq. ft.
650 sq. ft.
760 sq. ft.
G. Maintenance of Landscaping All landscaping and related maintenance shall be the responsibility of the
property owner. The following minimum standards shall be required:
1. All required landscape areas shall be permanently maintained and shall have an underground irrigation
system which satisfies all applicable requirements of the City. The irrigation system shall be installed by a
licensed irrigator or master plumber.
2. Irrigation systems may be buried on public street right-of-way; however, the City or any franchised utility
will not be responsible for damage to any landscaping material or equipment while performing repairs of
maintenance to its system.
3. Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants that are not
a part of the landscaping.
4. All plant materials shall be maintained in a healthy and growing condition as appropriate for the season
of the year. The property owner is responsible for regular weeding, mowing of grass, irrigation, fertilizing,
pruning, and other maintenance of all plantings as needed.
Ordinance No. 1938
Landscape Regulations
Page 3
5. Plant materials which die shall be replaced by the owner within a six month period with plant material of
similar variety and size.
H. Landscaping of Parking Areas It is the intent of this Section to encourage the design and construction of
parking areas in a manner whereby areas within the parking lot are landscaped as well as areas considered
unusable for parking or maneuvering space. It is also the intent of this Section to aid in the abatement of noise,
glare, and heat associated with large expanses of hard paved surfaces and motor vehicles. Parking areas shall
be landscaped in accordance with the following regulations:
1. Landscaping within the parking and maneuvering areas may apply to the overall landscape requirement
for the lot.
2. When the parking and maneuvering area exceeds one acre, not less than five percent of the interior
parking and maneuvering area shall be maintained as landscaped area. The interior parking and
maneuvering area is determined by drawing a straight line along the outermost edge of pavement on each
side of the parking and maneuvering area. The line shall not follow the landscaped bump-outs or islands
but shall continue to project in a straight line around the perimeter of the parking area. Landscaping on the
perimeter of the parking and maneuvering area shall not be included in calculating the required five percent
landscaped area.
3. All landscaping within the parking lot shall be located within a landscape island or module. The island or
module shall be delineated from the surrounding paved area by a curb or barrier of not less than six inches
in height around the perimeter of the island or module. The curb or barrier shall be constructed of masonry
or concrete. Each island or module shall be a minimum of five feet wide. Each island or module shall be
located entirely within the confines of the parking and maneuvering area.
4. Landscape islands or modules shall be irrigated by an underground system as required by this Section.
Irrigation of all landscaped area adjacent to any parking and/or driving surfaces shall be installed such that
a minimum amount of water is applied to parking and/or driving spaces.
5. All shrubbery, flowering plants, and trees planted in parking lot islands or adjacent to parking lots shall
be set back two and one-half feet from any curb and/or curb stop.
6. Landscaping material in parking lots shall include shrubs and trees or a combination thereof, which in
turn may be planted with a combination of grass, ground cover, and/or flowering plants.
7. For any larger existing trees located in the parking area, which are being retained and incorporated into
the Landscape Plan, an appropriate aeration system or an alternative method of protecting the trees must
be provided and detailed in the Landscape Plan. At least three-fourths of the tree dripline area must be in a
permeable area.
I. Conflict with Traffic landscape plantings shall not be erected or ins1alled in such a manner as to interfere with
traffic view or impose a safety hazard. All landscape plantings shall comply with any applicable Visibility Sight
Triangles as provided for in these regulations.
Ordinance No. 1938
Landscape Regulations
Page 4
Section 910 BUFFER YARD REGULATIONS
A. Purpose It is the purpose of this Section to provide buffering elements for visual buffering between zoning
districts of different character in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat,
and glare of lights; and to provide spacing between different zoning districts that may be considered incompatible.
B. Buffer Yard Between Zoning Districts Required For any non-residential construction which abuts a single-
family or two-family residential zoning district or agricultural zoning district, there shall be a buffer yard of live
plant material for the entire width and distance along which the development abuts the residential district. The
buffer yard shall be of a width as required in Table 9-C. This green belt is included in the overall calculation of the
percentage of required landscaping.
Table 9-C
Width of Required Buffer Yard
7oninl} District
Width of Buffer Yard
R-7-MF Multi-Family Residential
0-1 Office
LR Local Retail
C-1 Commercial
C-2 Commercial
OC Outdoor Commercial
1-1 Light Industrial
1-2 Medium Industrial
U Church, School and Institutional
10 feet
10 feet
1 0 feet
10 feet
10 feet
15 feet
15 feet
15 feet
15 feet
C. Exeption of Buffer Yard Requirement Where a masonry screening wall is provided, the buffer yard shall not
be required.
Section 920 SCREENING WALL AND FENCE REGULATIONS
A. Purpose It is the purpose of this Section to provide for screening between zoning districts of different character
in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to
protect public and private investment. It is also the intent of this Section to provide for the safe construction and
maintenance of walls and fences constructed in the City.
B. Screening Wall Required
1. Abutting Single- and Two Family Residential Districts For all new construction; or any proposed
building remodeling, alteration, addition, or expansion in which the value of the proposed building
remodeling, alteration, addition, or expansion exceeds seventy-five percent of the current appraised value
of the existing structures, excluding the value of the land; or any proposed building addition intended to
increase the square footage of the building by thirty percent or greater; on all property zoned R-7-MF Multi-
Family; 0-1 Office; LR Local Retail; C-1 Commercial; C-2 Commercial; OC Outdoor Commercial; 1-1 Light
Industrial; 1-2 Medium Industrial; and U School, Church, and Institutional which abuts any single-family or
two-family residential zoning district, a permanent screening wall of masonry type construction, not less
than six feet in height shall be erected prior to the issuance of a Certificate of Occupancy. The permanent
screening wall shall be constructed along the entire length of the common property line between such
properties, and within the property required to erect the screening.
2. Abutting Multi-Family and Institutional Districts For all new construction; or any proposed building
remodeling, alteration, addition, or expansion in which the value of the proposed building remodeling,
alteration, addition, or expansion exceeds seventy-five percent of the current appraised value of the
Ordinance No. 1938
Landscape Regulations
Page 5
existing structures, excluding the value of the land; or any proposed building addition intended to increase
the square footage of the building by thirty percent or greater; on all property zoned 0-1 Office; LR Local
Retail; C-1 Commercial; C-2 Commercial; OC Outdoor Commercial; 1-1 Light Industrial; and 1-2 Medium
Industrial; which abuts any property zoned R-6-T Townhome Residential, R-7-MF Multi-Family Residential,
or U School, Church, and Institutional, a permanent screening wall of masonry type construction, not less
than six feet in height shall be erected prior to the issuance of a Certificate of Occupancy. The permanent
screening wall shall be constructed along the entire length of the common property line between such
properties, and within the property required to erect the screening.
3. Abutting Iron Horse Golf Course Iron Horse Golf course shall be exempt from the masonry
screening wall requirement on those residential lots that abut the golf course.
C. Screening Fence Required Where a masonry screening wall is not required, or no permanent screening wall or
fence currently exists, there shall be a sight barring fence, not less than six-feet in height, on all property zoned
R-7-MF Multi-Family District; 0-1 Office District; LR Local Retail District; C-1 Commercial District; C-2
Commercial District; OC Outdoor Commercial District; 1-1 Light Industrial District; 1-2 Medium Industrial District;
and U School, Church, and Institutional District, which abuts a single-family or two-family residential zoning
district. The screening fence shall be constructed along the entire length of the common property line between
such properties, and within the property required to erect the screening. The screening fence shall be adequately
maintained by the property owner.
D. Safety No screening wall or fence shall be constructed or maintained in a manner that would endanger the
health or safety of the general public.
1. Fences constructed of barbed wire, except for livestock fences, and walls topped with broken glass or
surfaced with similar materials shall be prohibited.
2. A security fence of not less than six feet in height may be topped by barbed wire only in the C-2
Commercial, 1-1 Light Industrial, and 1-2 Medium Industrial zoning districts.
3. Electric fences shall be prohibited in the City.
E. General Screening Wall and Fence Criteria Walls and fences shall be no greater than eight feet in height, and
shall be subject to the following regulations:
1. Every screening wall and screening fence shall be adequately maintained by the property owner.
2. The height of a wall or fence shall be the vertical distance between the ground and the top of the wall or
fence. In terrain where the ground slopes at a grade of ten percent or more, the wall or fence may be built
in eight foot horizontal stair step sections. The average height of each fence section shall be no greater
than eight feet in height.
3. Non-sight barring fences may be allowed in front yards. Such fences shall be wrought iron, and shall be
no greater than four feet in height, excluding the posts. The posts must be constructed of brick or stone.
4. All walls and fences located on a corner lot shall comply with any applicable Visibility Sight Triangles as
provided for in this Ordinance.
5. When two adjoining corner lots are situated so that the front of each lot faces parallel streets, and so
that the side exterior yard of one is a continuation of the side exterior yard of the other, such side exterior
yard on both lots may be enclosed by a wall or fence having a maximum height of six feet above grade to
the rear of the side exterior yard on each lot.
F. Vehicle Storage Facility Screening In addition to the landscaping requirements of the base zoning district, no
Certificate of Occupancy shall be issued for a Vehicle Storage Facility until one of the following screening options
has been satisfied.
Ordinance No. 1938
Landscape Regulations
Page 6
1. C-2 and OC Districts
a. A permanent masonry screening fence of not less than six feet in height shall be constructed along
the property line adjacent to any public street right-of-way; or,
b. A wood stockade screening fence of not less than six feet in height shall be constructed within a
landscaped buffer area which shall be parallel with the property line adjacent to any public street right-
of-way. The landscaped buffer area shall contain not less than one-half of the required landscaped
area and be irrigated and planted with shrubs, bushes, and/or trees facing the street right-of-way. The
shrubs, bushes, and/or trees shall cover at least sixty percent of the fence.
2. 1-1 and 1-2 Districts A chain link fence of not less than six feet in height shall be constructed along the
property line adjacent to any public street right-of-way.
2.
THAT, Article 10, Section 1000 Definitions, be hereby amended to add the following definitions:
SHRUB - A low, usually several stemmed, woody plant.
TREE - A woody perennial plant have a single, usually elongated, main stem, generally with few or no branches on its
lower part.
YARD, STREET - The area extending across the entire width and/or depth of the lot and situated between the lot
lines adjacent to the street rights-of-way and the building lines.
3.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the section, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council
without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
4.
SAVINGS CLAUSE. That Ordinance Number 1874, the Comprehensive Zoning Ordinance of the City of North Richland
Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance.
Ordinance No. 1938
Landscape Regulations
Page 7
5.
EFFECTIVE DATE. This ordinance shall be in full force from and after its passage.
APPROVED BY THE PLANNING AND ZONING COMMISSION THIS 23rd DAY OF SEPTEMBER, 1993.
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Chairman, Ple-:.;Jg and.a-g Commission
Secretary, Planning and Zoning Commission
PASSED AND APPROVED BY THE CITY COUNCIL THIS 11th DAY OF OCTOBER, 1993.
Mayor, City
~
ATTEST:
(ln~ Ih~~'~ ~
c¥;ecretary
City of North Richland Hills, Texas
Ordinance No. 1938
Landscape Regulations
Page 8
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LEGAL AFFIDA VI
. NO~qr:"""1t ~RING
The. ~~_of.~ Rlchland Hills, Texas will
conduef!aPubllc Hearing on Monday, October 11,
1993, to consider an amendment to the Zoning Ordl.
nance No. 1874 regarding the Landscaping Regula-
tions.This Hearing will be held at ·7:30 p.m. In the
Council Chambers, 7301 Northeast Loop 820 NorM!
Ri~hland Hills, Texas. This is Case No. PZ 93:20.
Tommy Brown, Mayor
City. of North Richland Hills
MCN C"_. ;..... .
PUB: OIl.
THE STATE OF TEXAS:
COUNTY OF TARRANT
Before me, the undersigned authority on this day personally ap-
peared RHONDA THOMPSON known to me to be a credible person, who
first being sworn, deposed and upon her oath said:
That she is the C.L.A.R. of the MID CITIES NEWS, a newspa-
per which has been regularly and continuously published and of general
circulation in the City/Town of N. RICHLAND HILL~ for a period of
more than one year next preceding the first publication of the attached
L F. GAL AD. _ and that he caused said notice to be published in
said newspaper on the following date(s). If /t (¡J /t16
That the attached is a true and correct copy of said notice as
published on said date(s) in said NEWSPAPER _
L.t!;tt/J1d£;u V~~-.-J
Sworn to and subscribed before me, this the t:!l day of~
19.$.
~f~()\~~
\~ Notary Public,
TARRANT County, Texas