PD 193 Oak Lawn Special Purpose District Landscaping

This review of the landscape standards for the Oak Lawn SPD is for educational purposes only. This is an abridged form and not an official document. The included links to scanned images of the ordinance are through DallasCityAttorney.com. You can also access all additional Subdistrict regulations and varied landscapes within. The EXHIBITS page includes exhibits to the Part 1 ordinance as well as the subdistricts.

PLANNED DEVELOPMENT 193

PART 2: Sub Districts (SD)

MAP (Exhibit 193C)

Approved Plant Materials Exhibits 193 B1-B8

Turtle Creek Corridor Urban Forest and Wildlife Management Plan

The Oak Lawn Committee

Turtle Creek Association

PART 1: GENERAL REGULATIONS

SEC. 51P-193.103. PURPOSE.

(a) In general. This ordinance provides standards specifically tailored to meet the needs of

the Oak Lawn area of the city of Dallas, which is currently recognized as an area of cultural and

architectural importance and significance to the citizens of the city. The general objectives of these

standards are to promote and protect the health, safety, welfare, convenience, and enjoyment of the

public, and, in part, to achieve the following:

(1) To achieve buildings more urban in form.

(2) To promote and protect an attractive street level pedestrian environment with

continuous street frontage activities in retail areas.

(3) To encourage the placement of off-street parking underground or within

buildings similar in appearance to non-parking buildings.

(4) To promote development appropriate to the character of nearby neighborhood

uses by imposing standards sensitive to scale and adjacency issues.

(5) To use existing zoned development densities as a base from which to plan, while

providing bonuses to encourage residential development in commercial areas.

(6) To discourage variances or zoning changes which would erode the quantity or

quality of single-family neighborhoods, or would fail to adhere to the standards for multiple-family

neighborhoods and commercial areas, or would fail to comply with the overall objectives of the Oak

Lawn Plan accepted and endorsed by the city council on December 14, 1983, by Resolution No. 83-4034.

(7) To promote landscape/streetscape quality and appearance.

(8) To aid the environment's ecological balance by contributing to the processes of

air purification, oxygen regeneration, groundwater recharge, and storm water runoff retardation, while at

the same time aiding in noise, glare, and heat abatement.

(9) To provide visual buffering and enhance the beautification of the city.

(10) To safeguard and enhance property values and to protect public and private

investment.

(11) To conserve energy.

SEC. 51P-193.104. DEFINITIONS AND INTERPRETATIONS.

(8) FENCE means a structure or hedgerow that provides a physical barrier, including a fence gate.

(10) FRONT YARD means the portion of a lot that abuts a street and extends across

the width of the lot between the street and the main building. "Required" front yard means the portion of a

lot that abuts a street and extends across the width of the lot between the street and the setback line.

(14) LANDSCAPE ARCHITECT means a person licensed to use the title of

"landscape architect" in the state of Texas pursuant to state law.

(14.1) LARGE CANOPY TREE means one of the following trees:

Scientific name Common name

Fraxinus texensis Texas Ash

Fraxinus americana White Ash

Bumelia Lanuginosa Gum Bumelia

Ulmus crassifolia Cedar Elm

Ulmus parvifolia Lacebark Elm

Juniperus ashei Ashe Juniper

Gymnocladus dioicus Kentucky Coffeetree

Acer barbatum var. "Caddo" Caddo Maple

Acer grandidentatum Bigtooth Maple Acer buergerianum Trident Maple

Quercus virginiana Live Oak

Quercus durandii Durrand Oak

Quercus fusiformis Escarpment Live Oak

Quercus macrocarpa Bur Oak

Quercus muhlenbergii Chinkapin Oak

Quercus shumardii Shumard Oak

Carya illinoensis Pecan

Diospyros virginiana Common Persimmon

[male only]

Pistacia chinensis Chinese Pistachio

Sapindus drummondii Western Soapberry

Liquidambar styraciflua Sweetgum

Juglans microcarpa Texas Black Walnut

(21) NONPERMEABLE PAVEMENT means any pavement that is not permeable

pavement as defined in this section

(22) NONRESIDENTIAL SUBDISTRICTS means the O-1, O-2, NS, SC, GR, LC,

HC, CA-1, CA-2, I-1, I-2, and I-3 subdistricts.

(29) PARKWAY means the portion of a street right-of-way between the projected

street curb and the front lot line.

(30) PERMEABLE PAVEMENT means a paving material that permits water

penetration to a soil depth of 18 inches or more. Examples of permeable pavement are:

(A) nonporous surface materials poured or laid in sections not exceeding one

square foot in area and collectively comprising less than two-thirds of the total surface area; and

(B) loosely laid materials such as crushed stone or gravel.

(32.1) RESIDENTIAL DEVELOPMENT TRACT means a development of three or

more individually platted lots in an MF-1, MF-2, or MF-3 subdistrict in which the dwelling units, whether

attached or detached, are accessed from a shared driveway, and the dwelling units do not have any other

dwelling units above or below them. (For purposes of landscaping, it is treated as one lot.)

(33) RESIDENTIAL SUBDISTRICTS means the A, R-1ac, R-1/2ac, R-16, R-13, R-

10, R-7.5, R-5, D, TH-1, TH-2, TH-3, TH-4, MF-1, MF-2, MF-3, MF-4, and MH subdistricts.

(36) SCREENING means a structure or planting that provides a visual barrier.

(46) VISIBILITY TRIANGLE means:

(A) where a street designated on the city's thoroughfare plan intersects with

another street, the portion of a corner lot within a triangular area formed by connecting together the point

of intersection of adjacent street curb lines (or, if there are no street curbs, what would be the normal

street curb lines) and points on each of the street curb lines 45 feet from the intersection;

(B) where two streets not designated on the city's thoroughfare plan intersect,

the portion of a corner lot within a triangular area formed by connecting together the point of intersection

of adjacent street curb lines (or, if there are no street curbs, what would be the normal street curb lines)

and points on each of the street curb lines 30 feet from the intersection; and

within a triangular area formed by connecting together the point of intersection of the edge of a driveway

or alley and adjacent street curb line (or, if there is no street curb, what would be the normal street curb

line) and points on the driveway or alley edge and the street curb line 20 feet from the intersection.

SEC. 51P-193.106. USE REGULATIONS AND DEVELOPMENT STANDARDS IN GENERAL.

(a) The use regulations and development standards in this article apply to all property in the Oak Lawn SPD.

(b) Except as otherwise provided in this article, all portions of Chapter 51 apply to the Oak Lawn SPD as they exist on the date of passage of Ordinance No. 21859 and as they may be amended in the future by the city council. In the event of a conflict, however, between this article and Chapter 51, this article controls.

(c) The provisions of Section 51-4.702, "Planned Development (PD) District Regulations," do not apply to the establishment of the Oak Lawn SPD. A planned development subdistrict may be established as a subdistrict of the Oak Lawn SPD in accordance with Section 51-4.702. In the event of a conflict between an ordinance establishing or amending a planned development subdistrict and any other ordinance, the ordinance that established or amended that subdistrict controls. (Ord. Nos. 21859; 25267)

SEC. 51P-193.122. MAXIMUM LOT COVERAGE.

(a) General provisions.

(1) In the residential, office, NS, SC, GR, and LC subdistricts, institutional buildings

may cover a maximum of 60 percent of the lot.

(2) In the MF-4, SC, HC, I-1, and I-2 subdistricts, a structure used for off-street

parking may be excluded in determining the percentage of lot coverage.

(3) The maximum lot coverage requirements in a planned development subdistrict

are controlled by the planned development subdistrict regulations.

(4) In the TH subdistrict, 80 percent of an individual lot may be covered by

structures, if the coverage for the total project does not exceed 60 percent and at least 40 percent is

reserved for open space.

(5) The following modifications apply to residential development tracts. In case of a

conflict between this paragraph and the other provisions of this section, this paragraph controls.

(A) Maximum lot coverage is 60 percent. For purposes of this paragraph, the

residential development tract is treated as a single lot.

(B) Twenty-five percent of the residential development tract must be

permeable surface.

pavement for motor vehicles.

(6) The following modifications apply to single-family uses in MF-1, MF-2, and

MF-3 subdistricts. In case of a conflict between this paragraph and the other provisions of this section,

this paragraph controls.

(A) Maximum lot coverage is 60 percent.

(B) Twenty-five percent of the lot must be permeable surface.

vehicles.

SEC. 51P-193.113. OFF-STREET PARKING REGULATIONS.

(a) General provisions.

(6) No parking space located on a public street or alley may be included in the

calculation of off-street parking requirements, except as provided in Section 51P-

193.107(a)(1)(C)(iii)(bb), Section 51P-193.107(a)(1)(C)(iv)(bb), and Section 51P-193.107(a)(3)(v) (these

sections provide that certain spaces on a public street may be counted toward the guest parking

requirement if one additional two-inch caliper tree is planted for each on-street guest space, but that these

on-street spaces remain subject to the city’s authority to regulate public streets.)

___________________________________________

SEC. 51P-193.107. USE REGULATIONS.

(a) Residential uses. Residential uses are subject to the following regulations:

(1) Single-family

(iii) The following modifications apply to residential development tracts:

(bb) Guest parking. In addition to the private parking, .25

unassigned spaces available for use by visitors and residents are required for each dwelling unit. Spaces

adjacent to the residential development tract and on a public street may be counted toward this guest

parking requirement if one additional two-inch caliper tree is planted on the residential development tract

for each on-street guest space. (These on-street spaces remain subject to the city’s authority to regulate

public streets.) The parking surface for guest parking within the residential development tract (not onstreet) may be permeable pavement for motor vehicles.

(iv) The following modifications apply to single-family uses in MF-

1, MF-2, and MF-3 subdistricts:

(bb) Guest parking. In addition to the private parking, .25

unassigned spaces available for use by visitors and residents are required for each dwelling unit. Spaces

adjacent to the lot and on a public street may be counted toward this guest parking requirement if one

additional two-inch caliper tree is planted on the lot for each on-street guest space. (These on-street

spaces remain subject to the city’s authority to regulate public streets.) The parking surface for guest

parking within the lot (not on-street) may be permeable pavement for motor vehicles.

(3) Multiple-family.

(v) Guest parking: .25 unassigned spaces available for use by

visitors and residents are required for each dwelling unit. Spaces adjacent to the lot and on a public street

may be counted toward this guest parking requirement if one additional two-inch caliper tree is planted on

the lot for each on-street guest space. (These on-street spaces remain subject to the city’s authority to

regulate public streets.) The parking surface for guest parking within the lot (not on-street) may be

permeable pavement for motor vehicles.

SEC. 51P-193.126. LANDSCAPE, STREETSCAPE, SCREENING, AND FENCING STANDARDS.

(a) Application of section.

(1) Except as provided, this section does not apply to single-family and duplex uses in detached structures.

This section applies to residential development tracts.

This section applies to attached or detached single-family uses in MF-1, MF-2, and MF-3 subdistricts.

This section shall become applicable to all other uses on an individual lot when work on the lot is performed that increases the existing building height, floor area ratio, or nonpermeable coverage of the lot, unless the work is to restore a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind.

(2) Once this section becomes applicable to a lot, its requirements are binding on all current and subsequent owners of the lot.

(3) If a specific site plan containing landscaping requirements was approved by the city plan commission or city council prior to February 9, 1985, and if the site plan is made part of an ordinance or a deed restriction running with the land to which the city is a party, the landscaping requirements of this section do not apply to the property that is the subject of the approved site plan as long as the site plan remains in effect.

(4) The board may grant a special exception to the landscaping requirements of this section if, in the opinion of the board, the special exception will not compromise the spirit and intent of this section. When feasible, the board shall require that the applicant submit and that the property comply with a landscape plan as a condition to granting a special exception under this subsection.

(b) Landscaping requirements in general.

(1) Designated landscape areas.

(A) In general.

(i) Each property owner is required to designate portions of the lot and parkway in the front, side, or rear yard for landscaping purposes. These designations must be shown on the landscape plan required by this section. The first required designation is that of the “landscape site area.” The exact size requirements for the landscape site area vary depending on the zoning classification of the property. The landscape site area may consist of one large contiguous area or several smaller non-contiguous areas.

(ii) The second required designation is that of the “general planting area.” The general planting area is a subarea of the landscape site area. Like the landscape site area, it may consist of one large contiguous area or several smaller non-contiguous areas.

(iii) The third required designation is that of the “special planting area.” The special planting area is a subarea of the general planting area. Again, the special planting area may consist of one contiguous area or several non-contiguous areas.

(iv) The fourth required designation is that of the “parkway planting area,” which, like the other areas, may consist of one contiguous area or several non-contiguous areas.

(v) The requirements for the landscape site area, general planting area, special planting area, and parkway planting area are different and vary depending on the zoning classification of the property. Among those things regulated are the amount and type of pavement allowed, the soil depth, and the type and density of plant materials. Specific requirements applicable to these designated areas are outlined in the subsections that follow.

(B) Pavement restrictions.

No pavement other than pavement for pedestrians and non-motorized vehicles is permitted in the designated landscape site area, except that permeable pavement for motor vehicles is allowed in multiple-family subdistricts only. No pavement of any kind is allowed in the designated general planting, special planting, and parkway planting areas.

(C) Soil depth requirements. There are no minimum soil depth requirements for portions of the landscape site area that are outside of the general planting area. The minimum soil depth requirement for the parkway planting area and portions of the general planting area that are outside of the special planting area is 18 inches. The minimum soil depth requirement for the special planting area is 24 inches.

(D) Minimum planting requirements. The minimum planting requirements for designated landscape areas are as follows:

(i) Landscape site area. There are no minimum planting requirements for portions of the landscape site area that are outside of the general planting area.

(ii) General planting area. The general planting area must contain living trees, shrubs, vines, flowers, or ground cover vegetation. All plants in this area must be recommended for local area use by the director of park and recreation.

(iii) Special planting area. The special planting area must contain living trees, shrubs, or vines that are recommended for local area use by the director of park and recreation. Turf grass and ground cover are not counted toward meeting these minimum planting requirements. Initial plantings must be calculated to cover a minimum of 75 percent of this area at a minimum height of 24 inches within a three-year period. There must be at least one plant for each four square feet of this area unless a landscape architect recommends an alternative planting density as part of a landscape plan that the building official determines is capable of satisfying the minimum coverage requirement for this area.

(iv) Parkway planting area. The parkway planting area must contain living trees, turf grass, flowers, or ground cover vegetation that are recommended for local area use by the director of park and recreation. Initial plantings must be calculated to cover a minimum of 75 percent of this area within a three year period.

(2) Irrigation and drainage systems.

All landscaping required under this section must be irrigated and drained by automatic irrigation and permanent drainage systems installed to comply with industry standards.

(3) Off-street parking and screening requirements.

(A) Surface parking screening.

All surface parking must be screened from the street and residentially zoned property by using one or more of the following three methods to separately or collectively attain a minimum height of three and one-half feet above the parking surface:

(i) Earthen berm planted with turf grass or ground cover recommended for local area use by the director of park and recreation. The berm may not have a slope that exceeds one foot of height for each three feet of width.

(ii) Solid wood or masonry fence or wall.

(iii) Hedge-like evergreen plant materials recommended for local area use by the director of park and recreation. The plant materials must be located in a bed that is at least three feet wide with a minimum soil depth of 24 inches. Initial plantings must be capable of obtaining a solid appearance within three years. Plant materials must be placed 24 inches on center over the entire length of the bed unless a landscape architect recommends an alternative planting density that the building official determines is capable of providing a solid appearance within three years. This subsection supplements Section 51P-193.113(f).

(B) Surface parking screening with single-family or duplex adjacency.

The three methods of providing screening listed above in Subsection (b)(3)(A) of this section may be used to provide screening to separate a surface parking area from an adjacent single-family or duplex subdistrict if the screening barrier is at least six feet in height. This subsection supplements Section 51P-193.113(f)(3).

(C) Off-street loading and garbage storage area screening.

(i) Off-street loading spaces and garbage storage areas in all subdistricts except single-family, duplex, and townhouse subdistricts must be screened from:

(aa) a public street that is adjacent to the lot; and

(bb) property in a residential district that is adjacent to or directly across an alley from the lot. This subparagraph modifies Section 51-4.602(b)(6).

(ii) Screening required by this subparagraph must be at least six feet in height measured from the horizontal plane passing through the nearest point of the off-street loading space or garbage storage area.

(iii) Required screening must be constructed of:

(aa) for off-street loading spaces, any of the materials described in Paragraph (3)(A) to separately or collectively attain the minimum height of six feet; and

(bb) for garbage storage areas, a solid wood or masonry fence or wall.

(iv) Access through required screening may be provided only by a solid gate that equals the height of the screening. The gate must remain closed at all times except when in actual use.

(v) No loading spaces or garbage storage areas may be erected or established in this district in violation of this subparagraph. All existing loading spaces and garbage storage areas in this district must be in full compliance with this subparagraph by September 13, 1994. No person shall have a nonconforming right to maintain a loading space or garbage storage area that does not fully comply with this subparagraph after September 13, 1994. (See Exhibit 193D-11.)

(D) Garage screening and landscaping.

Aboveground parking structures must have a 10-foot landscaping buffer on any side facing a public right-of-way, residential district, residential subdistrict, or residential use. This landscape buffer must contain one tree for every 25 feet of frontage and evergreen shrubs planted three feet on center. Initial plantings must be capable of obtaining a solid appearance within three years.

(4) Sidewalks.

(A) In general. Each property owner is required to construct and maintain a sidewalk in an area parallel to and a certain distance from the projected street curb. The exact location and width requirements for the sidewalk vary depending on the zoning classification of the property. [See Subsection (B) below.] If the sidewalk is to be located in the front yard, the property owner must dedicate a sidewalk easement to the City to assure its availability to the public as a permanent pedestrianway. Except as otherwise provided in this article, the standards, provisions, and requirements of Chapter 43, “Streets and Sidewalks,” of the Dallas City Code, as amended, apply to all sidewalks and driveways in the SPD.

(B) Location. Required sidewalks must be constructed and maintained in the following described areas, except that a required sidewalk may be located farther from the projected street curb where necessary to avoid or preserve existing trees or structures, or to allow compliance with other landscaping requirements in this section:

(i) In residential subdistricts, in that area parallel to and between 5 and 10 feet from the back of the projected street curb.

(ii) In nonresidential subdistricts, in that area parallel to and between 5 and 12 feet from the back of the projected street curb.

(C) Minimum width. Required sidewalks must have the following minimum widths that are unobstructed by structures or plantings:

(i) In residential subdistricts, a minimum width of four feet.

(ii) In nonresidential subdistricts, a minimum width of six feet.

(5) Trees.

(A) Tree planting zone.

For purposes of this section, the “tree planting zone” is that area parallel to and between two and one-half and five feet from the back of the projected street curb. [If the tree planting zone is in the parkway, the property owner must apply for a landscape permit before any required trees may be planted in the parkway. See Subsection (d) of this section for more details regarding parkway landscaping.]

(B) Number, location, and type of trees required.

Each lot must have one or more trees whose trunks are located wholly within the tree planting zone. The number of required trees is determined by dividing the number of feet of lot frontage by 25. Fractions are rounded to the nearest whole number, with .5 being rounded up to the next higher whole number. All required trees must be recommended for local area use by the director of park and recreation. If a property owner cannot obtain a landscape permit to locate a required tree in the parkway, the owner shall locate the tree in the required front yard as near as practicable to the front lot line. If a lot has no front yard requirement and the property owner cannot obtain a landscape permit to locate a required tree in the parkway, the owner need not provide that required tree.

(C) Minimum tree height and trunk caliper.

Required trees must have a minimum height of 14 feet, and a minimum trunk caliper of three and one-half inches measured at a point 12 inches above the root ball.

(D) Tree spacing requirements.

Required trees must be spaced as uniformly as practicable. The trunk of a required tree must be within the following distance of another required tree:

(i) In residential subdistricts, 40 feet.

(ii) In nonresidential subdistricts, 60 feet.

(E) Minimum clearance above pavement.

The property owner shall maintain all trees to comply with the following minimum vertical height clearances over street and sidewalk pavements:

(i) Thirteen and one-half feet above street pavement.

(ii) Eight feet above a public sidewalk or the sidewalk required under Subsection (b)(4) of this section.

(F) Tree grates required near sidewalks.

Tree grates conforming to state standards and specifications adopted to eliminate, insofar as possible, architectural barriers encountered by aged, handicapped, or disabled persons, and of a size adequate to permit healthy tree growth must be provided for all trees whose trunks are within 18 inches of the sidewalk required under Subsection (b)(4) of this section.

TREE MITIGATION IN RESIDENTIAL DISTRICTS.

(G) Tree preservation and mitigation for residential development tracts.

The tree preservation requirements of Division 51A-10.130, “Tree Preservation,” of Article X, “Landscape and Tree Preservation Regulations,” of Chapter 51A apply to residential development tracts with the following modifications:

(i) Alternate methods of compliance. If a property owner cannot plant a replacement tree on the residential development tract from which the protected tree was removed, the property owner shall comply with one of the following two requirements:

(aa) Plant the tree on other property within the Oak Lawn SPD, including public parks, with the written permission of the building official and the property owner of the lot where the tree is to be located.

(bb) Make a payment into the Oak Lawn Open Space Fund.

(ii) Additional payment for removal of majestic trees. For purposes of this paragraph, a “majestic tree” is defined as a protected tree with a caliper of 15 inches or more. If a majestic tree is removed from a residential development tract, in addition to mitigation or an alternate method of compliance, a payment must be made into the Oak Lawn Open Space Fund.

(H) Tree preservation and mitigation for single-family uses in residential subdistricts.

The tree preservation requirements of Division 51A-10.130, “Tree Preservation,” of Article X, “Landscape and Tree Preservation Regulations,” of Chapter 51A apply to single-family uses in residential subdistricts with the following modifications:

(i) Alternate methods of compliance. If a property owner cannot plant a replacement tree on the lot from which the protected tree was removed, the property owner shall comply with one of the following two requirements:

(bb) Make a payment into the Oak Lawn Open Space Fund.

(ii) Additional payment for removal of majestic trees. For purposes of this paragraph, a “majestic tree” is defined as a protected tree with a caliper of 15 inches or more. If a majestic tree is removed from a lot, in addition to mitigation or an alternate method of compliance, a payment must be made into the Oak Lawn Open Space Fund.

(I) Oak Lawn Open Space Fund.

The department of development services shall administer a city account to be known as the Oak Lawn Open Space Fund. Funds from the Oak Lawn Open Space Fund must be used only for acquiring park and open-space property within the Oak Lawn SPD. The amount of the payment required is calculated by using the formula for appraising the value of a tree, as derived from the most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the Council of Tree & Landscape Appraisers, unless another publication is designated by the building official. Payments made into the Oak Lawn Open Space Fund must be spent within 10 years of the date of payment.

(6) Landscape permit required.

Unless an exemption in Subsection (a) of this section applies, an application for a landscape permit must be submitted to and approved by the building official before performing any work that will increase the existing building height, floor area ratio, or nonpermeable coverage of the lot. To obtain a landscape permit, a landscape plan must be submitted. Landscape plans required under this section must contain the following information:

(A) The date, scale, north point, and the names and addresses of both the property owner and the person preparing the plan.

(B) The location of existing boundary lines and dimensions of the lot, and the zoning classification of the property.

(C) The approximate center line of existing water courses; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, and sidewalks in the parkway and on or adjacent to the lot.

(D) The location and size of landscape and planting areas required to be designated under this section and the location, size, and species (common or botanical name) of proposed landscaping in these areas.

(E) Information necessary for verifying whether the required minimum percentages of landscape and planting areas have been designated pursuant to this section.

(F) An indication of how the property owner plans to protect existing trees, which are proposed to be retained, from damage during construction.

(G) The location of the required irrigation system.

(H) The location of all existing and proposed loading and garbage storage areas.

(7) Reserved.

(8) When landscaping must be completed.

If a landscape plan is required under this section, all landscaping must be completed in accordance with the approved landscape plan before the final inspection of any structure on the lot or, if no final inspection is required, within 120 days of the date of issuance of the landscape permit.

(9) General maintenance.

(A) All required landscaping must be maintained in a healthy, growing condition at all times. The property owner is responsible for the regular weeding, mowing of grass, irrigating, fertilizing, pruning, or other maintenance of all plantings as needed. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan within six months after notification by the City. A required tree that dies after its original planting must be replaced by another living tree having a minimum height of 14 feet and a minimum trunk caliper of four inches measured at a point 12 inches above the root ball.

(B) Any damage to utility lines resulting from the negligence of the property owner, his agents, or employees in the installation and maintenance of required landscaping in the public right-of-way is the responsibility of the property owner. If a public utility disturbs a landscaped area in the public right-of-way, it shall make every reasonable effort to preserve the landscaping materials and return them to their prior locations after the utility work. If nonetheless some plant materials die, it is the obligation of the property owner to replace the plant materials.

(10) Reserved.

(11) Garbage storage area landscaping.

Where a garbage storage area is in the required front yard, a landscape planting area must be established and maintained between the required screening wall for the garbage storage area and the front lot line. The landscape planting must be at least three feet wide and have a minimum soil depth of 24 inches. No pavement of any kind is allowed in this area. This area must contain living evergreen shrubs or vines that are recommended for local area use by the director of park and recreation. Initial plantings must be calculated to cover a minimum of 30 percent of the total wall area facing the street within a three-year period. Shrubs or vines must be planted 24 inches on center over the entire length of this area unless a landscape architect recommends an alternative planting density as part of a landscape plan that the building official determines is capable of satisfying the 30 percent minimum coverage requirement. All landscaping required by this paragraph must be in place by September 13, 1994. (See Exhibit 193D-12.)

(c) Private license granted.

The city council hereby grants a private license to the owners of all property in the Oak Lawn SPD for the exclusive purpose of authorizing compliance with the parkway landscaping requirements of this section. A property owner is not required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a landscape permit in accordance with the Dallas Building Code. This private license shall not terminate at the end of any specific time period, however, the city council retains the right to terminate this license whenever in its judgment the purpose or use of this license is inconsistent with the public use of the right-of-way or whenever the purpose or use of this license is likely to become a nuisance.

(d) Parkway landscaping.

(1) Reserved.

(2) Upon receipt of an application to locate trees, landscaping, or pavement [other than for the sidewalk required under Subsection (b)(4) of this section] in the parkway and any required fees, the building official shall circulate it to all affected city departments and utilities for review and comment. If, after receiving comments from affected city departments and utilities, the building official determines that the construction and planting proposed will not be inconsistent with and will not unreasonably impair the public use of the right-of-way, the building official shall issue a landscape permit to the property owner; otherwise, the building official shall deny the permit.

(3) A property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the building official’s denial of a landscape permit.

(4) A landscape permit issued by the building official is subject to immediate revocation upon written notice if at any time the building official determines that the use of the parkway authorized by the permit is inconsistent with or unreasonably impairs the public use of the right-of-way. The property owner is not required to comply with any parkway landscaping requirement of this section if compliance is made impossible due to the building official’s revocation of a landscape permit.

(5) The issuance of a landscape permit under this section does not excuse the property owner, his agents, or employees from liability in the installation or maintenance of trees, landscaping, or pavement in the public right-of-way.

(e) Visual obstruction regulations.

A property owner is not required to comply with the landscaping requirements of this section to the extent that they conflict with the visual obstruction regulations in Section 51-4.602(c). In the event of a conflict between this section and the visual obstruction regulations, the visual obstruction regulations control.

(f) MF-1, MF-2, and MF-3 subdistricts.

The following specific requirements only apply to property in MF-1, MF-2, and MF-3 subdistricts:

LSA: 20% + Of Lot, including 50% + of required FY

GPA: 50% + of LSA, including 25% + of required FY

SPA: 20% + of GPA, including 5% + of required FY

PPA: 20% + of parkway

(1) Landscape site area designation. At least 20 percent of a lot, including at least one-half of the required front yard, must be designated by the property owner as landscape site area. Permeable pavement for motor vehicles does not count as part of the landscape site area.

(2) General planting area designation. At least one-half of the landscape site area, including at least 25 percent of the required front yard, must be designated by the property owner as general planting area.

(3) Special planting area designation. At least 20 percent of the general planting area, including at least five percent of the required front yard, must be designated by the property owner as special planting area.

(4) Parkway planting area designation. At least 20 percent of the parkway must be designated by the property owner as parkway planting area.

(5) Front yard privacy fencing. In MF-2 and MF-3 subdistricts only, a fence or wall with an average height of seven feet and a maximum height of nine feet above the top of the nearest street curb may be located in the required front yard if:

(A) the main building does not exceed 36 feet in height;

(B) there are no front street curb cuts, front yard driveways, or front entryways to garages or parking;

(D) all portions of the fence exceeding four feet in height are set back at least two feet from the lot line.

(6) Privacy fencing planting area designation. If a front yard privacy fence or wall is constructed or maintained in accordance with Subsection (f)(5) of this section, at least 80 percent of the required two-foot setback area from the lot line must be designated by the property owner as privacy fencing planting area. This area may consist of one contiguous area or several smaller noncontiguous areas. No pavement of any kind is allowed in this area. The minimum soil depth requirement for this area is 24 inches. This area must contain living evergreen shrubs or vines that are recommended for local area use by the director of park and recreation. Initial plantings must be calculated to cover a minimum of 30 percent of the total fence or wall area facing the street within a three-year period. Shrubs or vines must be planted 24 inches on center over the entire length of this area unless a landscape architect recommends an alternative planting density as part of a landscape plan that the building official determines is capable of satisfying the minimum coverage requirement for the fence or wall. (See Exhibit 193D-13.)

(g) O-1 and O-2 subdistricts.

The following specific requirements only apply to property in O-1 and O-2 subdistricts:

LSA: 20% + of lot, including 60% + of required FY.

GPA: 50% + of LSA, including 30% + of required FY.

SPA: 20% + of GPA, including 6% + of required FY.

(1) Landscape site area designation. At least 20 percent of a lot, including at least 60 percent of the required front yard, must be designated by the property owner as landscape site area.

(2) General planting area designation. At least one-half of the designated landscape site area, including at least 30 percent of the required front yard, must be designated by the property owner as general planting area.

(3) Special planting area designation. At least 20 percent of the general planting area, including at least six percent of the required front yard, must be designated by the property owner as special planting area.

(h) GR and LC subdistricts.

The following specific requirements only apply to property in GR and LC subdistricts:

LSA: 10% + of lot, including 60% of required FY.

GPA: 12% + of required FY

SPA: 6% + of required FY

(1) Landscape site area designation. At least 10 percent of a lot, including at least 60 percent of the required front yard, must be designated by the property owner as landscape site area.

(2) General planting area designation. At least 12 percent of the required front yard must be designated by the property owner as general planting area.

(3) Special planting area designation. At least six percent of the required front yard must be designated by the property owner as special planting area.

(i) Residential development tracts.

The following modifications apply to residential development tracts. In case of a conflict between this subsection and the other provisions of this section, this subsection controls.

LSA: 20% + of RDT (no pavement)

Site trees at 1:4000 sf of total RDT, including 50% + of trees in rear 50% of RDT.

Street trees at 1 large canopy per 25 feet, planted in parkway. Min. of 2 trees.

(1) Treatment as a single lot. For purposes of landscape regulations, a residential development tract is treated as a single lot.

(2) Landscape site area designation. A minimum of 20 percent of the residential development tract must be designated as landscape site area. Permeable pavement for motor vehicles does not count as a part of the landscape site area.

(3) Fences. Fences in front yards and corner side yards may not exceed four feet in height if the fence is solid. Fences in front yards and corner side yards may not exceed six feet in height if the fence is a minimum of 50 percent open. In all other cases, fences may not exceed nine feet in height. In this paragraph, the term “corner side yard” means the portion of the front yard on a corner residential development tract governed by side yard regulations pursuant to Section 51P-193.018(b)(1).

(4) Trees.

(A) Site trees. One tree must be provided for every 4,000 square feet within the residential development tract. A minimum of 50 percent of these site trees must be planted within the rear 50 percent of the residential development tract. Every site tree must have a planting area of at least 25 square feet. The trunk of any site tree must be located more than two-and-one-half feet from any pavement.

(B) Street trees. One large canopy tree must be provided for every 25 feet of frontage, with a minimum of two trees required. These trees must be located within the parkway.

(j) Single-family uses in MF-1, MF-2, and MF-3 subdistricts.

The following modifications apply to single-family uses in MF-1, MF-2, and MF-3 subdistricts. In case of a conflict between this subsection and the other provisions of this section, this subsection controls.

LSA: 20% + of SF lot in MF district

Site trees at 1:4000 sf of total SF lot, including 50% + of trees in rear 50% of lot.

Street trees at 1 large canopy per 25 feet, planted in parkway. Min. of 2 trees.

(1) Landscape site area designation. A minimum of 20 percent of the lot must be designated as landscape site area. Permeable pavement for motor vehicles does not count as part of the landscape site area.

(2) Fences. Fences in front yards and corner side yards may not exceed four feet in height if the fence is solid. Fences in front yards and corner side yards may not exceed six feet in height if the fence is a minimum of 50 percent open. In all other cases, fences may not exceed nine feet in height. In this paragraph, the term “corner side yard” means the portion of the front yard on a corner lot governed by side yard regulations pursuant to Section 51P-193.018(b)(1).

(3) Trees.

(A) Site trees. One tree must be provided for every 4,000 square feet within the lot. A minimum of 50 percent of these site trees must be planted within the rear 50 percent of the lot. Every site tree must have a planting area of at least 25 square feet. The trunk of any site tree must be located more than two-and-one-half feet from any pavement.

(B) Street trees. One large canopy tree must be provided for every 25 feet of frontage, with a minimum of two trees required. These trees must be located within the parkway.

(k) Single-family uses.

The following modifications apply to single-family uses in single-family subdistricts. In case of a conflict between this subsection and the other provisions of this section, this subsection controls. Each single-family lot must contain three trees. Two of these trees must be located within the required front yard. One of the two trees in the required front yard must be planted within the parkway and must be a large canopy tree. (Ord. Nos. 21859; 24728; 25267)

Three trees required, two of the trees in required FY, and one of those trees being large canopy and planted in parkway.

SEC. 51P-193.133. TREES IN VISIBILITY TRIANGLES.

(a) At the intersection of a one-way street and another street, one tree may be planted in each

visibility triangle on the “downstream” side of the one-way street if neither street is designated as an

arterial on the city’s thoroughfare plan.

(b) At the intersection of two two-way streets, one tree may be planted in each visibility

triangle if:

(1) the director of public works and transportation determines the tree would not

constitute a traffic hazard; and

(2) neither street is designated as an arterial on the city’s thoroughfare plan. (Ord.

Nos. 21859; 25267)

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