PD 714 Fort Worth Avenue

SEC. 51P-714.114. LANDSCAPING.

(a) In general.

(1) Except as modified in this section, the regulations in Article X, “Landscape and

Tree Preservation Regulations,” apply to this district. In the event of a conflict between this section and

Article X, this section controls.

• Discussion: Article X urban forest conservation regulations apply in this district.

(2) Landscaping of streets as shown in Exhibit 714F is required.

(b) Street trees.

(1) One street tree must be provided per 30 feet of street frontage, with a minimum

of two street trees per building site. Along Fort Worth Avenue in Subdistrict 1C, small tree types, as listed in Section 51P-714.114(c)(5) may be provided in lieu of street trees.

(2) It is recommended that, to the extent possible, street trees be spaced 30 feet apart,

but, where necessary, street trees may be spaced a minimum of 20 feet apart.

(3) Street trees must have a minimum caliper of three inches and must have a

minimum height of eight feet when planted.

(4) In Subdistricts 1A and 1B, street trees must be placed in a 16-foot square tree grate. In Subdistrict 1C, street trees must be planted in either a minimum 16-foot square tree grate or a minimum 4x6 planting area. In Subdistrict 1C, street trees must be planted within six feet of the back of curb.

(5) In Subdistrict 2, street trees must be placed in a four-foot-wide planting strip with a minimum length of six feet.

(6) In Subdistrict 3, street trees must be placed in a 16-foot square tree grate.

(7) Except as provided in this subsection, in Subdistrict 4, street trees must be placed in a four-foot-wide planting strip with a minimum length of six feet.

(8) In Subdistricts 4A and 4B, street trees must be placed in a minimum 15 square foot tree grate if placed within a sidewalk or other non-permeable area. In Subdistricts 4A and 4B, street trees not planted within a sidewalk or other non-permeable area must be placed in a minimum 15 square foot planting strip. In Subdistricts 4A and 4B, street trees may be placed anywhere within the public right-of-way.

(9) In Subdistricts 4A and 4B, credit will be given for the preservation of existing street trees in accordance with Section 51A-10.125(b)(3)(B).

(10) In Subdistricts 4A and 4B, site trees and street trees planted in the right-of-way count as replacement trees required for the mitigation of protected trees.

(11) In Subdistrict 5, street trees along Fort Worth Avenue must be placed in a 16-foot

square tree grate, and street trees along all other streets must be placed in a four-foot-wide planting strip

with a minimum length of six feet.

(12) Street trees at the following frontages must be placed in a 16-foot-square tree

grate:

(A) The Fort Worth Avenue frontage of Block B/3926 between Neal Street

and Montclair Avenue.

(B) The Fort Worth Avenue frontage of Block 6157 and Block 6156.

(C) The Fort Worth Avenue frontage of Block 3977 between Windomere

Avenue and Edgefield Avenue.

(D) The Fort Worth Avenue frontage and the Sylvan Avenue frontage of

Block 4015.

(E) The Fort Worth Avenue frontage in Subdistrict 4A. (omitted)

(F) Any location where the provision of parallel parking would require a

retaining wall in excess of four feet.

(13) Trees must be evenly spaced over the length of a planting strip.

(14) Except for Subdistrict 1C, see Exhibit 714F for the required location of tree grates or planting strips.

(15) Except as provided in this paragraph, street trees may not be counted as site trees. In Subdistrict 4A, street trees may be counted as site trees. In Subdistrict 4B, street trees other than those directly adjacent to Fort Worth Avenue may be counted as site trees.

(16) Except as provided in this section, street trees must be provided from the

following list of Texas native or adapted species:

Scientific name Common name Tree type

Acer barbatum var. “Caddo” Caddo maple Large canopy

Acer buergerianum Trident maple Large canopy

Acer grandidentatum Bigtooth maple Large canopy

Acer truncatum Shantung maple Medium canopy (Sub. 1C only)

Diospyros virginiana (male only) Common persimmon Large canopy

Fraxinus americana White ash Large canopy

Fraxinus pennsylvanica Urbanite ash Large canopy (Sub. 1C only)

Gymnocladus dioicus Kentucky coffee tree Large canopy

Liquidambar styraciflua Sweetgum Large canopy

Pistachia chinensis Chinese pistachio Large canopy

Prosopis glandulosa Maverick mesquite Large canopy (Sub. 4A and 4B only)

Quercus buckleyi Texas red oak Large canopy

Quercus durandii Durand oak Large canopy

Quercus fusiformis Escarpment live oak Large canopy

Quercus muhlenbergii Chinkapin oak Large canopy

Quercus shumardii Shumard oak Large canopy

Quercus virginiana "SLDN" Cathedral live oak Large canopy (Sub. 1C only)

Quercus virginiana "QVTIA" High-rise live oak Large canopy (Sub. 4A and 4B only)

Quercus virginiana Live oak Large canopy

Ulmus crassifolia Cedar elm Large canopy

Ulmus parvifolia Bosque elm Large canopy (Sub. 4A and 4B only)

Ulmus parviflora Lacebark elm Large canopy

(17) Street trees

required to be planted along West Commerce Street or Fort Worth

Avenue must be provided from the following list of Texas native or adapted species:

Scientific name Common name Tree type

Acer barbatum var. “Caddo” Caddo maple Large canopy

Acer buergerianum Trident maple Large canopy

Acer grandidentatum Bigtooth maple Large canopy

Acer truncatum Shantung maple Medium canopy (Sub. 1C only)

Fraxinus pennsylvanica Urbanite ash Large canopy (Sub. 1C only)

Liquidambar styraciflua Sweetgum Large canopy

Pistachia chinensis Chinese pistachio Large canopy

Prosopis glandulosa Maverick mesquite Large canopy (Sub. 4A and 4B only)

Quercus buckleyi Texas red oak Large canopy

Quercus durandii Durand oak Large canopy

Quercus fusiformis Escarpment live oak Large canopy

Quercus muhlenbergii Chinkapin oak Large canopy

Quercus shumardii Shumard oak Large canopy

Quercus virginiana Live oak Large canopy

Quercus virginiana, "SLDN" Cathedral live oak Large canopy (Sub. 1C only)

Quercus virginiana "QVTIA" High-rise live oak Large canopy (Sub. 1C, 4A and 4B only)

Ulmus crassifolia Cedar elm Large canopy

Ulmus parvifolia Bosque elm Large canopy (Sub. 4A and 4B only)

Ulmus parviflora Lacebark elm Large canopy

(c) Site trees.

(1) One site tree must be provided per 3,000 square feet of lot area or fraction

thereof, with a minimum of four trees provided.

(2) Site trees must have a minimum caliper of two inches.

(3) Site trees may not be counted as street trees.

(4) In Subdistricts 4A and 4B, site trees planted in the right-of-way count as replacement trees required for the mitigation of protected trees.

(5) Except as provided in this paragraph, site trees must be provided from the following list of Texas native or adapted species. In Subdistrict 1C, other species of trees may be used as street trees with approval from the building official.

Scientific name Common name Tree type

Acer barbatum var. “Caddo” Caddo maple Large canopy

Acer buergerianum Trident maple Large canopy

Acer grandidentatum Bigtooth maple Large canopy

Acer truncatum Shantung maple Medium canopy (Sub. 1C only)

Aesculus glaba v. arguta Texas buckeye Small (not in Art. X)

Aesculus pavia Red buckeye Small (not in Art. X)

Carya illinoinensis Pecan Large canopy

Carya texana Black hickory Large canopy (not in Art. X)

Cercis canadensis Redbud Small

Chilopsis linearis Desert willow Small

Diospyros texana Texas persimmon Small

Diospyros virginiana (male only) Common persimmon Large canopy

Fraxinus americana White ash Large canopy

Fraxinus pennsylvanica Urbanite ash Large canopy (Sub. 1C only)

Gymnocladus dioicus Kentucky coffee tree Large canopy

Ilex decidua Deciduous holly or

Possumhaw Small

Ilex vomitoria Yaupon holly Small

Juglans microcarpa Texas black walnut Large canopy

Juniperus ashei Ashe juniper Small

Juniperus virginiana Eastern red cedar Large non canopy

Lagerstroemia indica Crepe myrtle Small

Liquidambar styraciflua Sweetgum Large canopy

Magnolia grandiflora Southern magnolia Large non canopy

Pistachia chinensis Chinese pistachio Large canopy

Prosopis glandulosa Mesquite Small

Prosopis glandulosa Maverick mesquite Large canopy (Sub. 4A and 4B only)

Prunus mexicana Mexican plum Small

Quercus buckleyi Texas red oak Large canopy

Quercus durandii Durand oak Large canopy

Quercus fusiformis Escarpment live oak Large canopy

Quercus macrocarpa Bur oak Large canopy

Quercus muhlenbergii Chinkapin oak Large canopy

Quercus shumardii Shumard oak Large canopy

Quercus virginiana Live oak Large canopy

Quercus virginiana "SLDN" Cathedral live oak Large canopy (Sub. 1C only)

Quercus virginiana "QVTIA" High-rise live oak Large canopy (Sub. 1C, 4A and 4B only)

Rhamnus caroliniana Carolina buckthorn Small (not in Art. X)

Rhus lanceolata Flameleaf sumac Small (not in Art. X)

Rhus virens Evergreen sumac Small (not in Art. X)

Sophora affinis Eve's necklace Small

Taxodium ascandens Pond cypress Large non canopy

Taxodium distichum Bald cypress Large non canopy

Ulmus crassifolia Cedar elm Large canopy

Ulmus parviflora Lacebark elm Large canopy

Ulmus parvifolia Bosque elm Large canopy (Sub. 4A and 4B only)

Viburnum rufidulum Rusty blackhaw

viburnum Small

(d) Parking lot trees.

(1) Except as provided in this subsection, each required parking space must be within 75 feet of the trunk of a large canopy site tree.

(2) In Subdistricts 4A and 4B, each required parking space not within a parking structure must be within 75 feet of either a site tree or street tree.

(3) Parking lot trees must have a minimum caliper of three inches.

(4) Parking lot trees may not be planted closer than two feet from a paved surface.

(5) Parking lot trees may be counted as site trees, but may not be counted as street

trees.

(e) Prohibited trees. The following trees may not be planted within this district:

Scientific name Common name

Pyrus calleryana Bradford pear

Populus deltoides Cottonwood

Albizia julbrissen Mimosa

(f) Open space fund.

(1) If a property owner cannot plant all of the required trees on the building site, the

property owner shall make a payment into the West Commerce Street/Fort Worth Avenue Open Space

Fund for no more than 50 percent of the required trees.

(2) The amount of the payment required per tree not planted is calculated by using

the formula for appraising the value of a tree equal in caliper to the tree not planted, as derived from the

most recent edition of the Guide for Establishing Values of Trees and Other Plants published by the

Council of Tree and Landscape Appraisers, unless another publication is designated by the building

official, and adding the cost of planting and maintaining the tree for two years as determined by the park

and recreation department.

(3) The department shall administer a city account to be known as the West

Commerce Street/Fort Worth Avenue Open Space Fund. Funds from the West Commerce Street/Fort

Worth Avenue Open Space Fund must be used only for acquiring and maintaining property for parks and

open space within this district and for median landscape improvement on West Commerce Street or Fort Worth Avenue.

The Fort Worth Avenue Development Group, its successor or a similar organization,

should be consulted on uses of the fund.

(g) Landscaping in the public right-of-way.

(1) Landscaping may be located in the public right-of-way if a right-of-way

landscape permit is obtained from the city.

(2) The city council hereby grants a non-exclusive revocable license to the owners or

tenants (with written consent of the owner) of all property within this district for the exclusive purpose of

authorizing compliance with the landscaping requirements of this district. An owner or tenant is not

required to pay an initial or annual fee for this license, although a fee may be charged for issuance of a

right-of-way landscape permit. This private license will not terminate at the end of any specific time

period; however, the city council reserves the right to terminate this license at will, by resolution passed

by the city council, at any time such termination becomes necessary. The determination by the city

council of the need for termination is final and binding. The city shall become entitled to possession of

the licensed area without giving any notice and without the necessity of legal proceedings to obtain

possession when, in its judgment, the purpose or use of the license is inconsistent with the public use of

the right-of-way or when the purpose or use of the license is likely to become a nuisance or threat to

public safety. Upon termination of the license by the city council, each owner or tenant shall remove all

improvements and installations in the public rights-of-way to the satisfaction of the director of public

works and transportation.

(3) A property owner or tenant is not required to comply with any right-of-way

landscaping requirement to the extent that compliance is made impossible due to the city council’s

revocation of a right-of-way landscape permit or the revocation of the private license granted under this subsection.

• Discussion: In this PD, only the city council, not a city department, determines any revocation of license or permit.

(4) Upon the installation of landscaping in the public right-of-way, the owners or

tenants shall procure, pay for, and keep in full force and effect commercial general liability insurance

coverage with an insurance company authorized to do business in the State of Texas and otherwise

acceptable to the city, covering, but not limited to, the liability assumed under the private license granted

under this subsection, with combined single limits of liability for bodily injury and property damage of

not less than $1,000,000 for each occurrence, and $2,000,000 annual aggregate. Coverage under this

liability policy must be on an occurrence basis and the city shall be named as additional insured. Proof of

such insurance must be sent to: Office of Risk Management, City of Dallas, 1500 Marilla, Dallas, Texas

75201, and the policy must provide for 30 days prior written notice to the Office of Risk Management of

cancellation, expiration, non-renewal, or material change in coverage. All subrogation rights for loss or

damage against the city are hereby waived to the extent that they are covered by this liability insurance

policy.

(5) Each owner or tenant is responsible for maintaining the right-of-way landscaping

in a healthy, growing condition, and for keeping the premises safe and in good condition and repair, at no

expense to the city, and the city is absolutely exempt from any requirements to maintain right-of-way

landscaping or make repairs. The granting of a license for landscaping under this subsection does not

release the owner or tenant from liability for the installation or maintenance of landscaping in the public

right-of-way.

(h) Plant requirements.

Plants used to satisfy landscape requirements must comply with the

following requirements:

(1) A large evergreen shrub must have the ability to grow to a minimum height of

three feet within three years.

(2) Solid sod or hydro-mulch grass may be used.

(3) Artificial plant materials may not be used.

(4) Any required landscaping that dies must be replaced.

(5) Except as provided in this subsection, trees and shrubs must be planted at least 10 feet from the centerline of any water or sewer main. Landscaping over water or sewer mains must be limited to ground cover.

• Discussion: The PD specifies an engineering review in the landscape submissions. In order to avoid delays in permitting, this should be analyzed between private and city engineers prior to street improvement design being submitted for building permit. The landscape plan review must be passed through engineering when there is any question of possible underground water or sewer utility in proximity to the desired tree locations.

(6) In Subdistricts 4A and 4B, trees and shrubs must be planted at least five feet from the centerline of any water or sewer main.

(7) Trees must be trimmed to provide adequate clearance for pedestrians and

vehicles so as not to create a safety hazard.

(8) Trees may not be located within 15 feet of light poles, signal lights, warning

signs, or traffic control devices. This provision does not apply to existing trees in Subdistrict 4A and 4B.

(9) Trees may not be planted within 90 feet of a school crossing or a railroad crossing. This provision does not apply to existing trees in Subdistricts 4A and 4B.

• Discussion: A school crossing is determined by road signage and a striped road crossing.

(10) An adequate irrigation and drainage system must be provided for all landscaping.

Drought tolerant plants must be used when an irrigation system is not provided. See Section 51A-10.106,

“Irrigation Requirements.”

(11) Plants other than trees within parkways must be maintained so that they do not

overhang the curb.

(i) Plantings within medians.

(1) Trees within medians may not be planted adjacent to left turn lanes.

(2) Trees within medians must be located so as to provide adequate sight distance.

(3) Trees within medians may not be planted within 30 feet of the tip of the median.

(4) Trees within medians may not be planted within three feet of the back of the

curb.

(5) Trees within medians must be placed in a six-foot-wide planting strip.

(6) Plants other than trees within medians must be maintained so that they do not

overhang the curb.

(7) Trees within medians must have a minimum clearance of 15 feet.

(8) Drought tolerant plants must be used in medians.

• Discussion: All permits along Fort Worth Avenue or other streets must include median plantings in their landscape design, as applicable. The approval process must be taken through the Street Department. A confirmation of approval or denial by the department is required prior to a final landscape inspection for the building permit completion on the property. If approved, the median must be planted accordingly prior to a final landscape inspection. Preliminary approval of the plan in building permit review by Building Inspection is subject to revocation upon contrary findings by the Street Department review for street improvements.

(j) Landscape plan.

(1) This section becomes applicable to a building site when an application is made

for a building permit for construction work that within a 24-month period:

(A) increases the number of stories in a building on the site;

(B) increases the combined floor area of all buildings on the site; or

(C) increases the nonpermeable coverage on the site by 1,000 square feet or

more.

(2) Landscape plans must be reviewed by water utilities and the department of public

works and transportation.

(3) A landscape plan must include a schedule for maintenance of required landscaping.

(4) A landscape plan must earn at least 75 points (out of a total of 125 possible

points). The points awarded for providing each feature is provided in parentheses. Existing landscaping

qualifies for points. If the landscape plan earns at least 75 points, the design standards of Section 51A-

10.126, “Design Standards,” are not required.

• Discussion: The ordinance does not provide for any alternative to obtaining a minimum of 75 points so there is no option to using the Article X design standard. Therefore, Article X design standards do not apply in this district.
• 
  

(A) Lighting. (Total possible points = 30)

Ten points each are awarded for providing tree lighting, building facade lighting, or landscape area lighting. Tree lighting must provide lighting in each tree in the front yard. Building facade lighting must illuminate the entire front facade. Landscape area lighting must illuminate a landscape feature such as a planting bed, fountain, sculpture, or water feature. The lighting must be at least 1.5 foot-candles in intensity.

(B) Foundation planting strip. (Total possible points = 30)

Thirty points are awarded for a three-foot-wide foundation planting strip extending along at least 50 percent of the foundation facing the street. The foundation planting strip must have evergreen shrubs planted every three feet on center. (Similar to Article X Foundation Planting Strip. It varies by specifically using evergreen shrubs at 3' on center.)

(C) Seasonal color landscaping. (Total possible points = 15)

Points may be obtained for providing a landscape area for seasonal color in planting beds, raised planters, or pots. Five points are awarded for each 10 square feet of landscape area. The plants in the landscape area must be changed at least twice per year with appropriate seasonal color plants. The landscape area must contain the appropriate seasonal landscaping at all times except when the landscaping is being changed at the beginning of a new season.

(D) Native or adapted xeriscape landscaping. (Total possible points = 30)

Points may be obtained for using native plants or xeriscape plants for at least 80 percent of the landscape requirement. Native plants or adapted xeriscape plants listed in Exhibit 714C must be used.

(E) Creation of open space. (Total possible points = 20)

Five points are awarded for every 200 square feet of open space if the open space is a minimum of 500 feet from the building site but within this district. For purposes of this subparagraph, “open space” means a contiguous space containing primarily grass or vegetation and pedestrian amenities such as fountains, benches, paths, or shade structures. In Subdistricts 4A and 4B, dog parks, community gardens, and publicly-accessed plazas are also open space. Open space must be available for use by the public. The open space must be maintained in a state of good repair and neat appearance at all times by the owner of the property for which the building permit was issued. (Ord. Nos. 25898; 26876)

End of Landscape Section

SEC. 51P-714.115. STREET AND SIDEWALK STANDARDS.

(a) In general.

(1) The street and sidewalk standards of this section apply only to new construction

or a major modification.

(2) Except as provided in this section, streets as shown in Exhibit 714F are required. This provision does not apply in Subdistrict 1C.

(3) Except as provided in this section, sidewalks along streets as shown in Exhibit

714F are required.

(b) Street standards.

(1) Except as provided in this section, streets must be constructed as shown in

Exhibit 714F. If future right-of-way dedications are made in Subdistricts 4A and 4B, the pavement width for new streets must be in accordance with Exhibit 714F. Parallel parking must be provided as shown in Exhibit 714F. This provision does not apply in Subdistrict 1C.

(2) Access to and from Subdistrict 4B to Colorado Boulevard and Walter Drive is permitted only at the locations in existence on February 24, 2010.

(3) The following frontages are exempt from parallel parking requirements:

(A) The Fort Worth Avenue frontage of Block B/3926 between Neal Street at

Montclair Avenue.

(B) The Fort Worth Avenue frontage of Block 6157 and Block 6156.

(C) The Fort Worth Avenue frontage of Block 3977 between Windomere

Avenue and Edgefield Avenue.

(D) The Fort Worth Avenue frontage and the Sylvan Avenue frontage of

Block 4015.

(E) Any location where the provision of parallel parking would require a

retaining wall in excess of four feet.

(F) Street frontages in Subdistricts 4A and 4B.

(c) Sidewalk standards.

(1) In Subdistricts 1A and 1B, there must be a 15-foot-wide sidewalk along West Commerce

Street and Fort Worth Avenue, and an 11-foot, six-inch-wide sidewalk along any other street. In Subdistrict 1C, there must be a minimum 15-foot-wide pedestrian zone along Fort Worth Avenue, and a minimum 11-foot, six-inch-wide pedestrian zone along Sylvan Avenue.

(2) In Subdistrict 2, there must be a six-foot sidewalk.

(3) In Subdistrict 3, there must be a 12-foot sidewalk along Fort Worth Avenue, and

an 11-foot, six-inch sidewalk along any other street.

(4) Except as provided in this subsection, in Subdistrict 4, there must be a six-foot sidewalk, except that in Subdistrict 4A, there must be a minimum 10-foot sidewalk. (omitted)

(5) In Subdistricts 4A and 4B, the minimum width of sidewalks along Fort Worth Avenue is 10 feet. At least five feet of the sidewalks along Fort Worth Avenue msut be made of concrete; the remainder may be an aggregate or permeable surface. All other sidewalks along a right-of-way must be at least six-feet-wide with at least three feet of the sidewalk unobstructed and clear. ADA-approved tree grates are not a sidewalk obstruction. If a sidewalk is located in the front yard, the property owner must dedicate a sidewalk easement or access agreement to the city to assure its availability to the public as a permanent pedestrian way.

(6) In Subdistrict 5, there must be a 10-foot sidewalk.

(7) Except as provided in this paragraph, see Exhibit 714F for the required widths of sidewalks. See Paragraph (1) for the required width of sidewalks in Subdistrict 1C.

(8) The street curb may not be counted as part of the sidewalk width.

(9) The following frontages must provide the sidewalks shown on page 6 of Exhibit 714F.

(A) The Fort Worth Avenue frontage of Block B/3926 between Neal Street at

Montclair Avenue.

(B) The Fort Worth Avenue frontage of Block 6157 and Block 6156.

(C) The Fort Worth Avenue frontage of Block 3977 between Windomere

Avenue and Edgefield Avenue.

(D) The Fort Worth Avenue frontage and the Sylvan Avenue frontage of

Block 4015.

(E) Any location where the provision of parallel parking would require a

retaining wall in excess of four feet.

(10) Sidewalk widths must taper or expand to match the width of existing sidewalks

in front of adjacent properties at the point of convergence.

(11) Sidewalks must be located along the entire length of the street frontage.

(12) Each owner or tenant is responsible for maintaining sidewalks, and for keeping

sidewalks safe and in good condition and repair, at no expense to the city, and the city is absolutely

exempt from any requirements to maintain sidewalks or make repairs. (Ord. Nos. 25898; 26876)

SEC. 51P-714.116. SCREENING REGULATIONS.

(a) In general. Except as modified in this section, the provisions of Section 51A-4.301(f),

“Screening Provisions for Off-Street Parking,” apply.

(b) Parking lots.

(1) Except as provided in this subsection, surface parking lots must be screened with a low screen. The screening requirement for surface parking lots applies only to new construction.

(2) If a structure is built in Permissible Building Area E in Subdistrict 1C before structures are built in Permissible Building Areas A, B, C, and D and surface parking exists between Permissible Building Area E and the public right-of-way, then the surface parking must be screened from the public right-of-way with a low screen until structures are built in Permissible Building Areas A, B, C, and D. In Subdistrict 1C, screening of surface parking is not required for any surface parking between Permissible Building Areas C and D.

(c) Loading spaces. Except as provided in this subsection, off-street loading spaces must be screened with a fully sight-obscuring fence or a high screen. In Subdistricts 4A and 4B, only off-street loading spaces visible from Fort Worth Avenue must be screened.

(d) Dumpsters and garbage storage areas.

(1) All dumpsters and garbage storage areas must be screened on all four sides with a

solid fence. One side may be a gate.

(2) Screening materials must match the main building. This provision does not apply to Subdistrict 1C.

(3) Screening must be at least as tall as the objects being screened, but in no case less

than six feet in height.

(4) Each panel of the gate must have a pin that can be inserted in a sleeved hole in

the ground to allow the gate to be held open during garbage collection.

(e) Outside storage areas.

(1) Except as provided in this subsection, all outside storage areas for commercial and business services uses and industrial uses must be entirely screened on any side visible from a street with a fully sight-obscuring fence or a high screen.

(2) In Subdistrict 1C, outside storage used for temporary outside display and sales does not need to be screened.

(3) In Subdistrict 1C, accessory outside storage provided in conjunction with a special temporary retail use must be screened with a minimum four-foot solid screen. Metal panels or slats are prohibited screening materials. Accessory outside storage may not exceed five percent of the land area associated with each special temporary retail use.

(f) Nonresidential buildings. The rear or service side of a nonresidential building must be

screened with a partially sight-obscuring fence if the nonresidential building is exposed to a residential

use.

(g) Maintenance.

(1) Each owner or tenant is responsible for maintaining screening at no expense to

the city, and the city is absolutely exempt from any requirements to maintain screening or make repairs.

(2) Screening must be properly maintained so that:

(A) the screening is not out of vertical alignment more than one foot from the

vertical, measured at the top of the screening; and

(B) any rotted, fire damaged, or broken slats or support posts; any broken or

bent metal posts; any torn, cut, bent, or ripped metal screening; any loose or missing bricks, stones, rocks,

mortar, or similar materials; and any dead or damaged landscaping materials are repaired or replaced. (Ord. 25898)

SEC. 51P-714.119. ADDITIONAL PROVISIONS.

(a) Property within this district must be properly maintained in a state of good repair and

neat appearance.

(b) Development and use of property within this district must comply with all federal and

state laws and regulations, and with all ordinances, rules, and regulations of the city.

(c) A person shall not erect, place, or maintain a structure, berm, plant life, or any other item

on a lot if the item is in a visibility triangle and between two and one-half feet and eight feet in height

measured from the top of the adjacent street curb. If there is no adjacent street curb, the measurement is

taken from the grade of the portion of the street adjacent to the visibility triangle. The board of adjustment shall grant a special exception to the requirements of this subsection when, in the opinion of the board of adjustment, the item will not constitute a traffic hazard. (Ord. 25898)