Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

SECTION 4.5400 NONRESIDENTIAL LANDSCAPING AND STREETSCAPING STANDARDS 4.5401 PURPOSE These landscaping regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the City. The standards contained in this Section are deemed to be minimum standards and shall apply to all new construction occurring within all the nonresidential zoning districts, including multifamily residential. 4.5402 PERMITS a) No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the Director of Planning. In the event that the proposed development requires an approved, subdivision plat, site plan, or master development plan, no such final approval shall be granted unless a landscape plan is submitted and approved. b)

Prior to the issuance of a certificate of occupancy of any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

c)

In any case in which a certificate of occupancy is sought at a season of the year in which the Director of Planning determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a certificate of occupancy may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within 6 months of the date of the application and shall give the City the right to draw upon the letter of credit or escrow deposit to complete the said landscaping if the applicant fails to do so.

4.5403 SIGHT DISTANCE AND VISIBILITY a) Landscape planting shall not be erected or installed in such a manner as to interfere with traffic view or impose a safety hazard. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of 2 or more public rights-of-way occurs, a triangular visibility area as described below shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between 3 and 6 feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extends into the cross-visibility area. The triangular areas are: 1) The areas of property on both sides of the intersection of an alley access way and public

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

right-of-way shall have a triangular visibility area with 2 sides of each triangle being a minimum of 10 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. 2)

The areas of property located at a corner formed by the intersection of 2 or more public rights-of-way shall have a triangular visibility area with 2 sides of each triangle being a minimum of 25 feet in length from the point of intersection and the third side being a line connecting the ends of the other 2 sides.

b)

Landscaping, except required grass and low ground cover, shall not be located closer than 3 feet from the edge of any access way pavement.

c)

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the Planning Director; the requirements set forth herein may be reduced to the extent to remove the conflict.

4.5404 GENERAL STANDARDS AND SPECIES All required landscaped areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs, and other plants. Plant materials used in conformance with the provisions of this Ordinance shall conform to the standards of the American Standard for Nursery, or equal thereto. Whenever possible, drought-resistant and native species of trees, grasses, and shrubs are encouraged. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects. All plants used to satisfy this ordinance shall be of a species common or adaptable to this area of Texas and have all been suited for xeriscape planting methods as well. The following is a list of recommended plants. Plant material not on this list must be approved by the Planning Director or designated representative before installation. The following criteria and standard shall apply to landscape materials and installation: a)

Trees shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown of spread. Overstory trees shall be a minimum of 3 inches in caliper (measured 6 inches above the ground) and 7 feet in height at time of planting. Accent trees shall be a minimum of 1-inch in caliper (measured 6 inches above the ground) and 5 feet in height at time of planting. The following list of trees may be used when landscaping.

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

RECOMMENDED TREES Ornamental/Accent Trees: Small – 15-25 feet; Medium 25-40 feet Overstory/Canopy Trees: Large – 40-60 feet + Common Name

Scientific Name

Height

Anacacho, Orchid tree*

Bauhania congesta

S—M

Anaqua*, Sandpaper tree

Ehretia anacua

M—L

Arizona Cypress

Cupressus arizonica

M—L

Texas Ash*, Green Ash

Fraxinus sp.

M—L

Ashe Juniper*

Juniperus ashei

S—M

Bald Cypress* Bur Oak* Carolina Buckthorn*

Taxodium distichum Quercus macrocarpa Rhamnus caroliniana

L L S—M

Cedar Elm*

Ulmus crassifolia

M—L

Chinquapin Oak*

Quercus muhlenbergii

M—L

Condalia, Brazil Tree, Bluewood Condalia*

Condalia hookeri, C. viridis

S—M

Crabapple, Texas*

Mollis texana

S—M

Escarpment Black Cherry*

Pithecellobium flexicaule Prunus serotina var. eximia

Eve's Necklace*

Sophora affinis

M—L

Goldenball Lead Tree*

Leucaena retusa

S—M

Huisache*

Acacia farnesiana

M

Kidneywood*

Eysenhardtia polystachya

S

Lacy Oak*

Quercus laceyi

M

Ebony, Texas*

Shade Area

Remarks Semi-Evergreen, tree-shrub, white flower clusters Evergreen broadleaf; white flower clusters Evergreen conifer; gray green foliage; pyramidal shape Deciduous; fast growing Evergreen conifer; green foliage, females fruit Deciduous conifer; fine textured foliage; fall color Deciduous; large acorns and leaves, good shade tree Semi-Evergreen; sun-shade, glossy leaves, reddish fruit Deciduous; narrow canopy, good shade tree for R.O.Ws Deciduous; round-topped tree; bold foliage Evergreen; delicate foliage; very drought tolerant; sun-shade, good shade tree Deciduous, full to partial sun, spring flowering tree

275 875 875 875 275 1200 1200 275 875 875 275 275

S

Evergreen; sun; white flowers

n/a

M—L

Deciduous; sun to shade; fall foliage

875

Deciduous; sun-shade; white to pink flowers Deciduous; delicate foliage; fragrant yellow flowers Deciduous; delicate foliage; fragrant yellow flowers Deciduous; delicate tree-shrub; fragrant white flowers Deciduous; sun-partial shade; hill county native, good shade tree

875 275 550 n/a 550

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Section 4 – Nonresidential Districts and Regulations

Live Oak*

City of Midlothian Zoning Ordinance

M—L

Evergreen-like; good shade tree

875

S—M

Evergreen-like; good shade tree

875

Mexican Buckeye*

Quercus virginiana Quercus polymorpha Ungnadia speciosa

S

n/a

Pecan*

Carya illinoensis

L+

Persimmon, Texas*

Diospyros texana

S—M

Plum, Mexican*

Prunus mexicana

S

Possum Haw*

Ilex decidua

S—M

Retama, Paloverde*

Parkinsonia texana

S—M

Red Oak, Shumard*

Shumard Quercus shumardii

L

Red Oak, Texas*

Quercus texana

M

Redbud, Texas, Oklahoma, Mexican* Silk-tassle*

Cercis canadensis var texana Viburnum rufidulum Garrya ovata

Sycamore, Mexican

Platanus mexicana

L+

Sycamore, Texas*

Platanus glabrata

L+

Texas Mountain Laurel*

Sophora secundiflora

S

Texas Pistache*

Pistacia texana

S

Wafer Ash, Hop tree*

Ptelea trifoliata

S

Western Soapberry*

Sapindus drummondii

M—L

Wild Olive*

Cordia boisserieri

S—M

Yaupon Holly*

Ilex vomitora

S—M

Deciduous; pink-red spring flowers Deciduous; needs lots of space; sensitive to root impact Deciduous; sun-shade, smooth bark; females has black pulpy fruit Deciduous; sun to shade; white flowers, fruit Deciduous; sun-shade; female has red fruit Deciduous; fast growing, yellow flowers Deciduous; fall color, good shade tree Deciduous; fall color, good shade tree Deciduous; sun-shade, red/pink or white flowers Deciduous; fall color, white flower clusters Evergreen; sun-shade Deciduous; large leaves, good shade tree Deciduous; large leaves, good shade tree Evergreen, part shade to full sun; fragrant purple flowers Semi-Evergreen; full sun to partshade; red fruit Semi-Evergreen; sun-shade; light green foliage Deciduous; full to partial sun; good shade tree, cluster large yellow flowers Semi-Evergreen; large white flowers, hardy to 14°F Evergreen; sun-shade; female has red fruit

Monterrey Oak

Rusty Blackhaw*

S—M S S

1200 275 n/a 275 275 1200 550 275 n/a n/a 1200 1200a n/a n/a n/a 875 275 275

*Texas Native

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

The trees listed below shall not be used to fulfill the planting requirements of this Ordinance. PROHIBITED TREES Common Name Scientific Name Arizona Ash Fraxinus velutina “Arizonia” Bois D’arc Maclura pomifera Cottonwood Populus deltoides Siberian Elm Ulmus pumila Silver Maple Acer saccharinum Mimosa Albizzia julibrissen Mulberry Morus alba Lombardy Poplar Populus nigra italica Chinese Tallow Sapium sebiferum Arborvitae Thuja accidentalis Willow all species b)

Shrubs and hedges shall be a minimum of 1-foot in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen, which will be 2 feet high within 1 year after time of planting. The following list of shrubs and hedges may be used when landscaping.

Common Name Bay Buckeye* Evergreen Sumac* Flameleaf Sumac* Texas Mountain Laurel* Texas Pistache Common Name Glossy Abelia Agarita* Cenizo, Texas Sage* Elbow Bush*

RECOMMENDED SHRUBS Large (not taller than 25 feet at maturity) Scientific Name Height Remarks Laurel noblis 6′—12′ Evergreen, sun-part sun, fragrant leaves Deciduous (even in dry weather), shade, yellow Aesculus pavia 6′—12′ or red flowers Rhus virens 4′—15′ Evergreen, sun-shade, red fruit Sun-partial shade; deciduous; red berries in fall; Rhus lancelota 5′—15′ fall color Sophora 10′— Tree-like evergreen shrub; purple spring secundiflora 25′ flowers; sun, part shade Pistacia texana 6′—12′ Semi-evergreen, sun Medium (5-10 feet at maturity) Scientific Name Height Remarks Bronze evergreen foliage; white or pink; sun, Abelia grandiflora 5′—9′ part shade Holly-like evergreen foliage; yellow spring; red Mahonia trifoliata 5′—9′ edible berries; sun-shade Dusty gray evergreen foliage; sun; blooms Leucophyllum sp. 5′—9′ throughout summer; purple - pink flowers; several new varieties: including compact Forestiera 3′—6′ Deciduous; sun-shade, small white flowers,

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

Frangrant Sumac* Hogplum*

pubescens Rhus aromatica Colubrina texensis

3′—6′ 4′—6′

Juniper

Juniperus sp.

5′—10′

Mutablis Rose, Butterfly Rose, Old Blush

Rosa chinensis x (Mutablis)

3′—5′

Pomegranate

Punica granatum

5′—10′

Primrose Jasmine

Jasminum mesnyi

5′—8′

Southern Wax Myrtle

Myrica cerifera

3′—8′

White Brush*

Aloysia gratissima

4′—8′

Common Name American Beautyberry Agave, century plant Barbados Cherry Barberry Grayleaf Cotoneaster Juniper Mexican Butterfly Weed Mexican Oregano Rock rose* Rosemary, Upright Red Yucca* Yucca* * Texas Native

black fruit Deciduous; part shade, fall color Part shade, full sun; fragrant blooms Tough evergreen; many varieties; sun, part shade Sun, large single petal flowers change color as ages Sun, upright shrub; orange blooms; edible fruit; dwarf variety Evergreen, sun-shade, sprawling, yellow flowers Evergreen, sun-shade, compact variety, available Delicate; fragrant white flower; suckers, can be used as a hedge

Small (not taller than 5 feet at maturity) Scientific Name Height Remarks Callicarpa Deciduous, fruit in fall and winter, purple; part 3′—4′ americana shade Agave americana 3′—5′ Sun, rosette, spine-tipped leaves Malpighia glabra 2′—4′ Evergreen, pink flowers, red fruit, sun-shade Berberis thunbergii 3′—5′ Evergreen; sun-part shade, color foliage atropurpurea Cotoneaster Sprawling evergreen shrub; dusty gray foliage; 3′—5′ glaucophylla sun, part shade Juniperus sp. 2′—5′ Evergreen shrubs; many varieties available; sun Asclepias tuberosa Poliomentha longiflora Pavonia lasiopetala Rosmarinus officinalis Hesperaloe parviflora Yucca spp.

3′

Broad clusters of orange flowers

2′—3′

Evergreen, sun, pink flowers

2′—4′

Deciduous; sub-shrub, pink or purple flowers

3′—5′

Evergreen, sun-part shade; blue flowers

3′—4′

Sun, rosette, narrow leaves

3′—4′

Sun, rosette, narrow leaves, white flowers

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

The shrubs listed below shall not be used to fulfill the planting requirements of this Ordinance. PROHIBITED SHRUBS Common Name Scientific Name Euonymus Euonymus japonicus Ligustrum Ligustrum japonicum Pittosporum Pittosporum tobbira Loquat Eriobotrya japonica Oleander Nerium oleander c)

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within 1 year of planting. The following list of ground covers may be used when landscaping.

Common Name Asiatic Jasmine Columbine Hinckley Columbine* Confederate Jasmine

GROUNDCOVER Scientific Name Height Trachelospermum n/a asiaticum Aquilegia spp. n/a A. hinckleyana Trachelospermum n/a jasminoides

Frogfruit*

Phyla incise (nodiflora)

n/a

Lantana purple, gold

Lantana sp.

n/a

Pigeonberry*

Rivina humilis

1′—2′

Rosemary, prostrate

Rosmarinus officinalis

1′—2′

Santolina

Santolina sp.

1′—2′

Trailing Juniper

Juniperus sp.

n/a

Verbena*

Verbena spp.

n/a

Achillea millefolium

n/a

Yarrow *Texas Native

Remarks Evergreen; green or variegated foliage; sun, part shade, no flowers Evergreen, gray/green foliage, yellow flowers Evergreen; fragrant, white spring flowers; sun, part shade Semi-evergreen, creeper, sun-part sun, white flowers Deciduous, sun, purple, white or yellow flowers Semi-evergreen shrub Evergreen sub-shrub, sun to part sun, blue flowers Species with green or silver foliage; sun Several varieties available; not suitable for wet, humid areas; sun Evergreen, pink, purple, white, red flowers Gray or green gray leaves; many varieties

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Section 4 – Nonresidential Districts and Regulations

d)

City of Midlothian Zoning Ordinance

Vines shall be a minimum of 2 feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. The following list of vines may be used when landscaping. Common Name

Scientific Name

VINES Height

Autumn Clematis

Clematis sp.

n/a

Confederate Jasmine

Gelsemium sempervirens Trachelospermum jasminoides

Coral honeysuckle*

Lonicera sempervirens

n/a

Carolina Jessamine*

n/a n/a

Remarks Evergreen; fragrant white fall; sun, part shade Evergreen; yellow spring; sun, part shade Evergreen; fragrant white spring; sun, part shade Almost Evergreen; red blooms; part shade to full sun

Coral vine, Queen′s wreath Fig Ivy

Antigonon leptopus

n/a

Pink flowers in late summer and fall; sun

Ficus pumila (repens)

n/a

Lady Banksia

Rosa banksia

n/a

Scarlet Clematis*

Clematis texana

n/a

Silverlace Vine

Polygonum ambertii Parthenocissus quinquefolia

n/a

Evergreen; clings to walls; sun, part shade Evergreen, flowers in yellow or white; sunpart shade Shade to part shade, spring and summer blooms; red, rust, maroon, or rose-pink Fluffy masses of white; sun, part shade

n/a

Deciduous

Virginia Creeper* *Texas Native

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Section 4 – Nonresidential Districts and Regulations

e)

Lawn grass areas may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion.

Common Name

Scientific Name

Bermuda grass

Cynodon dactylon

Buffalograss*

Buchloe dactyloides

Prairie mix

n/a

St. Augustine grass *Texas Native f)

City of Midlothian Zoning Ordinance

Stenotaphrum secundatum

GRASSES, TURF Height Remarks Excellent drought tolerance; poor shade n/a tolerance; sun Excellent drought tolerance; poor shade 4″—6″ tolerance; sun Mixture of Texas native Bunch, can add 8″—12″ wildflowers Produces dense turf; shade areas only; poor n/a drought tolerance; sodded

The following list of plant materials may also be used when landscaping: PERENNIELS Scientific Name Height Remarks Asclepias spp. 3′ Semi-hardy perennial, orange flowers Cuphea micropetala 3′—4′ Red, yellow; summer to fall flowers; sun Aster spp. 2′—3′ Semi-evergreen, sun-part sun, blue or white Hamelia patens 3′—5′ Reddish orange; summer to fall flowers; sun

Common Name Butterfly Weed Cigar Plant Fall Aster Firebush Hinckley′s Columbine* Indigo Spires Lantana Mealy Cup Sage* Mexican Oregano

Aquilegia hinckleyana

18″

Yellow; spring flowers; shade

Sage Salvia spp. Lantana sp. Salvia farinacea Poliomentha longiflora

2′—3′ 1′—2′ 3′ 1′—3′

Mexican Petunia

Ruellia sp.

1′—3′

Mexican Sage

Salvia leucantha

3′—4′

Semi-evergreen, sun, dark blue flowers Many colors; spring to fall flowers; sun Sun, part shade; blue, white, purple flowers Evergreen; pink; summer flowers; sun Evergreen; tolerates shade; purple, pink, white flowers, suckers Semi-evergreen; blue; spring to fall flowers; sun

Mist flower, Boneset

Eupatorium spp. and Ageratum spp. Muehlenbergia lindheimeri Rivina humilis

Muhly Grass* Pigeonberry* Purple Cone Flower* Perennial verbena* Rock rose*

Echinacea purpurea Glandularia bipinnatifida Pavonia lasiopetala

2′—4′

Hardy perennial, white to blue flowers

3′

Evergreen; hardy perennial; sun

1′—2′

Semi-evergreen shrub Hardy perennial, rosette with pink or white flowers

2′ 6″—1′

Many colors; spring to fall flowers; sun

2′—4′

Deciduous; sub-shrub, pink or purple flowers

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

Rosemary

Rosmarinus officinalis

1′—4′

Shrimp Plant

Justicia spp.

1′—2′

Skullcap* Texas Betony*

Scutellaria frutescens Stachys coccinea

1′ 1′—2′

Tropical Sage*

Salvia coccinea

2′—3′

Turk′s Cap* White Rain Lily* *Texas Native Common Name Big Bluestem* Eastern Gamagrass* Inland Seaoats* Little Bluestem * Maiden Grass Muhly Grass* Purple Fountain Grass Sideoats Grama* Switchgrass* *Texas Native Common Name Button Bush* Indigobush* Roughleaf Dogwood* Crab Apple* Wooly Rosemallow*

Malvaviscus drummondii Zephyranthes candida

Sun, part shade; blue flowers Hardy perennial, sun-part sun; orange, red flowers Evergreen sub-shrub; pink or purple flowers Evergreen, gray-green; red tubular flowers Evergreen, red, pink blooms; part shade to full sun

1′—4′

Shade; red flowers

1′

Ephermal; sun, part shade; white

ORNAMENTAL GRASSES Scientific Name Height Andropogon gerardi 1′—2′ Tripsacum dactyloides Chasmanthium latifolium Schixachyrium scoparium Miscanthus sinensis Muehlenbergia lindheimeri Pennisetum setaceum ′Rubrum′ Bouteloua curtipendula Panicum virgatum

Remarks Sun, clump grass

2′—3′

Dense, part shade, full sun

2′—4′

Shade, dappled shade, part shade

1′—2′

Evergreen, part shade, full sun

3′—5′

Full sun, part shade, specimen or screening

2′—5′

Evergreen, part shade, full sun

2′—3′

Delicate color accent; full sun

2′—3′

Dappled shade, part shade, full sun

3′

Part shade, full sun

RIPARIAN AND AQUATIC Scientific Name Height Remarks Cephalanthus Large, deciduous shrub, sun, white ball shape 6′—10′ occidentalis flowers Large, deciduous shrub, shade-sun, spikes of purple Amorpha fruiticosa 6′—10′ flowers Large, decidous shrub or tree, shade-sun, clusters of Cornus drummondii 6′—15′ white flowers Large, deciduous shrub or tree, shade-sun, large Crategus texana 8′—15′ clusters of white flowers Hibiscus lasiocarpus

3′—6′

Large shrub, white to rose flowers

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

Edwards Plateau Sedge*

Carex microdonta

1″—7″

Bear Grass*

Nolina sp

2′—3′

Purple Iris

Iris brevicaulis Pontoderia cordata . Equisetum laevigatum Nymphaea Potamogeton illinoiensis

1′—1.5′

Large clump, grass-like, shade-sun, good for bank stabilization Hardy perennial, purple flowers

5′—1′

Aquatic edge, sun, spikes of purple flowers

1′—1.5′

Rhizomatous, grass-like, shade-sun, water edge

n/a

Floating, semi-sun-sun,

8″—16″

Rhizomatous, whorls of purple flowers

Pickerelweed* Horsetail Blue Water Lily* Pond Weed

Rhizomatous perennial, calcareous soils

*Texas Native

4.5405 XERISCAPE STANDARDS AND PRINCIPLES a) Purpose The city recognizes that it is desirable to accommodate xeriscape practices by using the principals explained in this ordinance within the city. This chapter is intended to provide principals for xeriscaping. Each principle must be considered during the planning and design phase, as the sequence of installation is also very important in assuring a successful xeriscape. b) Xeriscape Principals Xeriscape is a method of landscaping that promotes water conservation. Rather than a specific 'look' or a limited group of plants, xeriscape is a combination of seven basic landscaping principles. These principles are explained below in the order a landscape planner or property owner would consider to install the best possible landscape. Each principle must be considered during the planning and design phase, as the sequence of installation is also very important in assuring a successful xeriscape. 1) Plan and design comprehensively Have a plan. Consider the view, slope, exposure and soils of the area. Take into account the

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

existing vegetation and topography of the site and intended use. Decide where & where things will be. Most landscapes are best done in phases. A mixture of various heights of plants should be within the planned or designed area, and arranged in an aestheticallypleasing manner. 2)

Evaluate soil and improve if necessary Soils can vary within a given site; an analysis based on random sampling can provide information for plant selection and soil amendments. The soils in North Texas range from clay to sand, and both are low in organic material. Whether clay or sand, the soil in your landscape will benefit from the addition of sphagnum peat moss, compost, aged manure or other decomposed organic materials. This will improve root development and water penetration and retention. Consult with a local nursery or Texas Argi Life Extension Services on how to improve the soil before planting and installing the irrigation system.

3)

Create practical turf areas The type and location of turf areas should be considered a major design element of the landscape. The selection and location of turf should be decided on the same basis as other plantings, such as your purpose and function of the landscape. The reduction or elimination of high-water-use turf areas, and locating them separately so that they may be watered more efficiently, can result in significant reductions in water use. Turf grass areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic and provide for recreation use.

4)

Use appropriate plants Most plants have a place in xeriscape - even those that have high water needs. Plant selection should be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color and texture. Plant species that are drought and freeze tolerant are preferred. Use of more plants with low water needs and native plants will allow the maximum water conservation.

5)

Water efficiently If an irrigation system is to be installed, it should be well planned and well managed. Turf areas should be watered separately. Group plants with like water needs, and water each group on separate zones. Not all plants need the same amount of water. Irrigation needs change with the season and the weather. Irrigate according to the needs of the plants rather than watering on a fixed schedule. Even plants used in xeriscape will require supplemental irrigation until they become established, which can take between two to three years.

6)

Use organic mulch Mulch minimizes evaporation, reduces weed growth, slows erosion and helps prevent soil temperature fluctuations. Organic mulch such as wood chips or bark is best, and although

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Section 4 – Nonresidential Districts and Regulations

City of Midlothian Zoning Ordinance

this mulch will decompose slowly over time, it will improve the soil by adding nutrients. The use of plastic is not recommended because it will cause organic mulch to slide or shift in location, preventing air and water from filtering into the soil, causing increased water runoff. Inorganic mulch, such as rock, should be used sparingly. Surrounding a home with rock will increase the temperatures, making the environment too warm for plants and people. 7)

c)

Xeriscape Plant Selection 1) Select trees, shrubs, perennials, vines, grasses, and groundcovers based on their adaptability to your region's soil and climate. Texas contains an abundance of beautiful native plants which are naturally adapted to the region. Most have lower water demands, fewer pest problems and less fertilizer needs than many non-adapted, exotic plants brought into Texas landscapes. 2)

d)

Maintain appropriately Proper pruning, weeding, and fertilization, plus attention to the irrigation system, will preserve and enhance the quality of xeriscape. A landscape adapted to the environment will require less maintenance, less fertilizer and reduce the use of pesticides and other chemicals.

Through the support of the nursery industry, native Texas plants are becoming more available in retail nurseries and garden centers. Combining Texas natives with welladapted exotic plants is a key to a beautiful, interesting landscape which conserves water. Refer to the tables in Section 4.5404 above and check with your local nursery or Texas Agri Life Extension agent for recommendations on adapted landscape plants.

Xeriscaping Allowed 1) It shall be lawful for xeriscape plants to be planted or installed, so long as such xeriscape plants are located in a planned and maintained area as defined herein. 2)

The City seeks to encourage each property owner to create and sustain a condition of ecological stability on their property, that is, a state of good health and vigor, as opposed to one of impairment and decline.

3)

It is not the intent of this ordinance to allow vegetated areas to be unmanaged or overgrown in ways that may adversely affect human health or safety, or pose a threat to agricultural activity.

4)

It is the express intent of this ordinance that it shall be lawful to grow xeriscaped areas as accent areas of the front yard, but xeriscaped areas must be limited to 25% of the front yard. i) The accent areas in which xeriscape plants are permitted shall be in the front yard within determined boundaries.

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Section 4 – Nonresidential Districts and Regulations

5)

City of Midlothian Zoning Ordinance

The accent areas and boundaries of the accent areas for xeriscape plants shall be determined by a border line parallel to and no more than five feet (5’) inward from the sides and rear edges of the front yard as described and illustrated below: i) From either edge of the side property lines of the front yard ii) From the rear edge of the front yard where it meets the residence building line.

iii)

Due to the tall height of some xeriscape plants, the area between the front edge of the front yard by the public sidewalk and the rear edge of the front yard, save an area up to no more than five feet (5’) from the rear edge where it meets the residence building line as illustrated in this ordinance, shall remain free of all xeriscape plants.

6)

Only the turf grass that encompasses most (75% or more) of the front yard shall be allowed in the front area of a front yard.

7)

The areas described and illustrated in this ordinance are the “permitted use” accent areas for ornamental grasses.

8)

Though xeriscape plants may be allowed in any of the above defined permitted use areas, the totality of all accent areas used that contain xeriscape plants shall not exceed 25% of the total area of the front yard.

9)

The illustration in this ordinance only shows the areas permitted for use of xeriscape plants and does not illustrate that every area can be used simultaneously. Simultaneous use of all permitted areas can result in more than 25% of the total area of the front yard being used, which is not permitted.

10)

It will be the responsibility of the land owner to prove that accent areas containing xeriscape plants do not exceed 25% of the total area of the front yard and that such xeriscape plants do not extend or grow beyond the area in which such grasses are permitted.

11)

Xeriscape plants in permitted use areas will not be required to meet the six-inch (6”) height requirement for turf grass.

12)

Any planned and maintained area that contains xeriscape plants must have visible physical borders around the boundaries of the permitted use accent areas (see front yard

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illustration in this ordinance). i) The physical borders of the permitted use accent areas must be sufficient in depth and height to maintain separation of xeriscape plants and turf grasses. ii) It will be the responsibility of the land owner to keep xeriscape plants from growing or hanging over the borders in a manner that prevents visibility of the borders. 13)

As front yards are visible to the public, this ordinance about xeriscape plants only applies to the front yard or any side or back yard that is visible to the public or other residents in the neighborhood. i) As long as all side or back yard areas are not visible to the public, that is, enclosed by a fence that meets the requirements of the Fences Regulations, property owners are free to utilize any landscaping scheme of their choosing, including xeriscape, in any percentage amount in said enclosed side or back yards, and maintain these areas as they see fit.

4.5406 MINIMUM LANDSCAPING REQUIREMENTS a) Landscaping Percentage for Street Yard Area - The street yard area is the area between the building front line and the front of the property (right-of-way) line. For all parcels with less than 250 feet of frontage adjacent to a dedicated public right-of-way, at least 10% of the street yard shall be permanent landscape area. For all parcels having 250 feet or more of frontage shall have at least 15% of the street yard shall be permanent landscape area. The required landscaping shall consist of a mixture of plant materials consisting of grass and/or ground covers, plants, shrubbery and trees of a variety of sizes as approved on the landscape plan. The street yard shall be defined as the area between the building front and the front property line. b)

Landscaping Adjacent to Public Rights-of-Ways: A minimum 10-foot landscape buffer (interior parkway) adjacent to the public right-of-way of any thoroughfare as designated on the approved Thoroughfare Plan of the City of Midlothian is required. Corner lots fronting on 2 thoroughfares shall be required to observe the 10-foot buffer on both frontages. All other street frontages shall observe a minimum 5-foot landscape buffer. Developers shall be required to plant 1 large tree per 40 linear feet or portion thereof of street frontage. Trees may be grouped or clustered to facilitate site design. The landscaped portion of interior parkways

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may be included in the required street yard area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area. c)

Landscaping within Off-Street Parking Areas: Landscape areas within off-street parking areas should generally be at least one parking space in size, with no landscape area less than 50 square feet in area. Landscape areas shall be no less than 5 feet wide and shall equal a total of at least 16 square feet per parking space. There shall be a landscaped area with at least 1 tree within 60 feet of every parking space. There shall be a minimum of 1 tree planted in the parking area for every 10 parking spaces within parking lots with more than 20 spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

d)

Screening of Parking Areas Adjacent to a Public Right-of-Way: At least seventy- 75% of the frontage of parking areas, adjacent to a public right-of-way, within the street yard, shall be screened from public streets with evergreen shrubs attaining a minimum height of 3 feet or a low masonry wall or earthen berm of equal height. Use of a wall or earthen berm for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall or earthen berm.

e)

Percentage of Overstory Trees: A minimum of 50% of the total trees required for the property shall be overstory trees as specified on the approved plant list. Accent trees shall be used under existing or proposed overhead utility lines.

f)

Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with City regulations.

g)

Residential Buffer Yards: For any development in “MF”, “GP”, “CR”, “C”, “LI”, “MI”, and “HI” zoning districts which abut districts zoned residential or mobile home there shall be a minimum 20-foot wide green belt of “live plant material of the evergreen variety”, planted on 6-foot centers, for the entire distance along which the development abuts the residential or mobile home districts. Where a fire lane is required, the green belt may be reduced to 10 feet.

h)

Multi- Family Buffer Yards – For any development in “GP”, “CR”, “C”, “LI”, “MI”, and “HI” zoning districts which abuts a district zoned multi-family there shall be a minimum 20-foot wide green belt of “live plant material of the evergreen variety”, planted on 6-foot centers, for the entire distance along which the development abuts the residential or multi-family districts. In addition, the developer shall add 10 3-inch canopy or evergreen trees per acre of pervious property, excluding trees provided to satisfy

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parking lot and ROW requirements. Where a fire lane is required, the green belt may be reduced to 10 feet. 4.5407

RESERVED

4.5408 TREE CREDITS a) Any trees preserved on a site meeting the herein specification may be credited toward meeting the tree requirement of any landscaping provision of this Section according to the following table: Circumference of Existing Tree (measured at 4 ½ feet above ground) 6 to 8 inches 9 to 30 inches 31 to 46 inches 47 + inches b)

Credit Against Tree Requirements 1 tree 1 ½ trees 2 trees 3 trees

Due to the limited height and size, mesquite trees will receive only 50% of the above credit for tree preservation. All other existing trees may receive credit if they are not on the City's approved plant material list but approved by the Planning Director or his designee. Should any required tree designated for preservation in the landscape plan die, the owner shall replace the tree with a 3-inch minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured 4½ feet above natural grade.

4.5409 LANDSCAPING PLANS a) Prior to the issuance of a building, paving, grading, or construction permit for any use other than single family dwellings, a landscape plan shall be submitted to the Planning Department. The Department shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance. b)

Landscaping plans shall be prepared by a landscape architect, landscape contractor or landscape designer, knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information: 1) Location of all trees to be preserved; 2) Location of all plants and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features; 3) Species of all plant material to be used; 4) Size of all plant material to be used; 5) Spacing of plant material where appropriate; 6) Layout and description of irrigation, sprinkler or water systems, including placement of water sources;

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7) 8)

City of Midlothian Zoning Ordinance

Description of maintenance provisions for the Landscape Plan; Persons responsible for the preparation of the Landscape Plan.

4.5410 LANDSCAPE MAINTENANCE All landscaping shall be the responsibility of the property owner. It shall be permanently maintained and shall have either an irrigation system installed, meeting all applicable requirements of the City, or shall be located within 75 feet of a bibcock, faucet, or other water source. a) Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping. b)

All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year.

c)

Plant materials which die shall be replaced with plant material of similar variety and size.

4.5411 ENFORCEMENT a) The provision of this Section shall be administered and enforced by the Director of Planning. b)

If, at any time after the issuance of a Certificate of Occupancy, the approved landscaping is found to be in non-conformance to the standards and criteria of this Section, the Director shall issue notice to the owner, citing the violation and describing what action is required to comply with this Section. The owner, tenant, or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of the Midlothian Zoning Ordinance, Section 1.50.

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