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Ordinance 1993-38 ORDINANCE NO. (j3-3~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SCREENING AND LANDSCAPING STANDARDS FOR THE CITY, REPEALING ALL CONFLICTING ORDINANCES; CONT AININGAPENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has determined in its legislative capacity that the installation and maintenance of landscaping and screening are necessary to protect and enhance the community's environmental, economic and aesthetic quality; and, WHEREAS, adoption of appropriate landscaping and screening standards would be in furtherance of the promotion of the public health, safety and general welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OTY OF WYLIE, TEXAS, as follows: SECTION I The following provisions be, and they hereby are, adopted as the Landscape and Screening Standards for the City of Wylie: I. APPLICA nON A. These standards shall apply to all buildings and uses of land except single family dwellings and agricultural buildings when an application for a building permit is made for the following construction: (1) New Construction (2) Business renovations on an existing structure, valued at over $5,000.00 or additions of 800 square feet or more to the structure. or upon submission of a site plan as required by the City of Wylie or the Planning and Zoning Commission. I B. These standards shall also apply to existing properties that are not subject to building permit requirements when: (I) there is a substantial change in the distinguishing traits or primary features of the use of the building or land, as evidenced by increased parking requirements or a change in occupancy classification and! or (2) the City of Wylie or Planning and Zoning Commission determines that development of the property warrants site plan approval II. LANDSCAPING AND SCREENING REQUIREMENTS A. SCREENING REQUIREMENTS The screening requirements herein established shall be interpreted in conjunction with, and supplementary to, other similar requirements set out in the Wylie City Code, as the same now exists or is hereafter amended, specifically including without limitation those dealing with dumpster screening (Chapter 11 Section 15), and those required for separation of non- residential uses from residential uses (Chapter 12 Zoning Ordinance), and in the event of difference between the provisions hereof and any other sections of the Wylie City Code the more stringent requirement shall apply. 1. When screening is required hereunder the screening device shall be not less than six feet in height (unless otherwise specified) and shall be either decorative fence, masonry wall, earthen berm (maximum side slope of 3: I and covered with vegetation), or live screening (if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the materials and design of the site being developed. 2. The following uses and activities shall be screened from adjacent property and public streets: a) outdoor storage areas b) outside display of merchandise (if otherwise allowable under City Codes), adjacent to the required front yard to a height of not less than three feet c) primary refuse containers (dumpsters) - in non-residential and multi-family uses shall be screened on three sides with an opening for access on the fourth side 2 B. LANDSCAPING REQUIREMENTS In non-residential districts the following landscaping requirements shall apply: (1) Every lot shall provide a minimum of 5 % of the lot area to be utilized for landscaping. A minimum of one-half of the required landscaping area shall be located in the front yard. Required landscaping area shall not include driveways, paved walks, or right-of-way or easements for streets or alleys where a fence or wall is required by ordinance, the fence or wall may be located within the required landscaping area. (2) Visibility requirements - on any comer lot, all landscaping, whether or not required by the ordinance, shall be designed and maintained so that it shall not obstruct the vision of a motor vehicle driver approaching any street, alley or driveway intersection. When a driveway intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between thirty (30) inches and nine (9) feet above the street grade level. The visibility triangles shall be determined by projecting a line fifteen (15) feet along the street right-of-way and fifteen feet along the internal driveway and connecting the ends of the two lines. (3) All required landscape areas shall consist of a combination of trees, grass, shrubs, ground cover and other live plant material such as those contained in the recommended plant list. The combination shall consist of at least one (1) tree, ten feet (10') tall, or two (2) trees not less than two inches (2") in diameter, for each one thousand (1,000) square feet of required landscape area. C. MAINTENANCE REQUIREMENTS (1) All plant material shall be maintained at all times in a living and growing condition. Dead landscaping materials shall be replaced with like or similar materials. (5) Adjacent right-of-way shall be kept mowed and properly maintained. Right-of- way shall not be included in the required percentage of landscaped area. 3 LARGE TREES Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress Bradford Pear EVERGREEN SHRUBS Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crepe Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry PROHIBITED TREES Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm RECOMMEDED PLANT LIST SMALL TREES Yaupon Hollies Crepe Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondo Grass Ophia Pogon Elaeagnus purple Sage American Elm Willow Sycamore 4 SECTION II Any person convicted of violating the provisions of this ordinance, or any part hereof, shall be fined in an amount not to exceed the maximum established by ~54.01(b) of Texas Local Government Code, for convictions of health and safety violations and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. 5 DUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 1993. Approved: Ste City Atto 6