SUPPLEMENTAL SITE DEVELOPMENT REGULATIONS

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7.000 PURPOSE

These regulations are intended to govern regulations applicable within each district and to establish additional regulations and exceptions thereto.

7.100 SITE PLAN REVIEW PROCEDURE

The purpose of this procedure is to provide for review and evaluation of site development, and design features and to afford a procedure for mitigation of potentially unfavorable effects on adjacent land uses or within the site.

7.110 Jurisdiction

The Director of Planning and Building shall be responsible for the administration of the Site Plan review procedure. The Planning and Zoning Commission shall be responsible for review, evaluation and action on all site plans submitted. The City Council shall be responsible for review evaluation and action on all site plans submitted as an appeal from Planning and Zoning Commission decision.

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7.111 Uses and Zoning Districts Requiring Site Plan Review

The following shall follow the Site Plan Review procedure prior to use, change in use or issuance of a building permit:

1. Multi-family residential developments greater than four (4) units regardless of size of property; or
2. Manufactured Home Park; or
3. Any development involving property containing area greater than:

1. one acre in the C-2, Industrial, or P F Districts, or
2. 19,000 Square feet in the C-1 and CBD District.

1. Any development of any size that changes from one use category to another use category that cannot fully comply with the zoning district site development regulations. A development for the purpose of requiring Site Plan Review shall mean any improvement of property with one general plan or scheme regardless of how many lots or parcels of land are involved, or regardless of ownership structure.

7.120 Application and Fee

The application for Site Plan Review shall be filed with the Director of Planning and Building fourteen (14) days prior to the meeting of the Planning and Zoning Commission and shall not be considered filed until complete. The application shall be signed by the owner, the applicant, and lienholder(s) if any, and shall include the following:

1. Name and address of the owner of the property and the applicant for Site Plan Review.
2. Address and legal description of the property.
3. Proof of title showing the owner and lien holders, if any.
4. A brief description of the proposed use, including information pertinent to the review criteria and findings in Section 5.485 (Review and Evaluation Criteria).
5. A site plan, twenty-four (24) by thirty-six (36) inches, drawn to scale, and sufficiently dimensional as necessary which shall show the following:

1. The data, scale, north point, title, name of owner and name of person preparing the site plan.
2. The location and dimension of boundary lines, easements, and required yards and setbacks of all existing and proposed buildings and land improvements.
3. The location, height and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting sites within fifty (50) feet.
4. The location of existing and proposed improvements including parking and loading areas, pedestrian and vehicular access, utility or service areas, fencing and screening and lighting.
5. The center line of existing water courses, drainage features and location and size of existing and proposed streets and alleys, and the one hundred (100) year floodplain.
6. The number of existing and proposed off-street parking and loading spaces and a calculation of applicable minimum requirements.
7. For sites with an average slope greater than ten percent (10%), a plan showing existing and proposed topography and grading and proposed erosion control measures. Contour intervals shall be five (5) feet minimum.
8. The location and size of proposed signs, if known.
9. The location and size of the existing and proposed landscape areas.

1. A fee, if any, in an amount as established by resolution of the City Council.

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7.130 Action by the Planning and Zoning Commission

The site plan shall be reviewed by the Planning and Zoning Commission no later than the first available regular meeting date; but in no event later than forty-five (45) days after the date of filing.

7.131 Review and Evaluation Criteria

The Planning and Zoning Commission and the Director of Planning and Building as advisor to the Planning and Zoning Commission shall review and evaluate site plans using the following criteria:

1. Conformity with applicable regulations and standards established by the Zoning Regulations.
2. External elements of the site plan compatibility with existing or permitted uses on abutting sites or within the area of the proposed development, and compatibility of the development of off site physical features including but not limited to the review of the following:

 

access and circulation	open spaces
adjacent street network	planned or future development of the area
buffers	public facilities
building height, bulk, scale and orientation	setbacks
landscaping	utilities

1. Internal elements of the site plan including but not limited to the following:

 

arrangements of buildings, usages and access management	parking areas
drainage improvement/grading plan	permanence of use and availability of alternate uses
driveways	provisions for handicapped access
elevation of view of any required or proposed screening; including height, materials, percent of screening, and transitional elements	refuse collection
exterior lighting	setback
fire hydrant location and spacing	sidewalks
landscaping and open space plan, with a description of types and quantity of plant materials to be used	sight clearance at intersections / driveways
loading facilities	size
location height and design features on all signs	vehicular and pedestrian circulation
lot arrangements

1. Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards.

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7.132 Approval of Site Plan and Modifications

The Planning and Zoning Commission may require modification of a site plan as a prerequisite for approval (or allow a variance of Property Development Regulation for Section 7.111 D). Such modifications may include, but shall not be limited to, provisions for special yards, open spaces, buffers, fences, walls, and screening; for installation and maintenance of landscaping and erosion control measures; improvements of access and circulation; rearrangements of structures or activities within the site; location and character of signs and such other site plan features as necessary to ensure compatibility with surrounding existing, permitted or proposed physical features or uses or improve internal design based upon the results of the commission’s application of the review and evaluation criteria.

7.133 File Copy

The Director of Planning and Building shall maintain a copy of the approved site plan available for public inspection.

7.134 Effective Date

The decision of the Planning and Zoning Commission shall be effective ten (10) days after the date a decision is rendered unless appealed pursuant to Section 7.140 (Appeal to the City Council).

7.140 Appeal to the City Council

1. A decision of the Planning and Zoning Commission may be appealed to the City Council by applicant or any other person within ten (10) days after the date of decision by the Planning and Zoning Commission. The appeal must be written and must identify the specific reasons for and basis of the appeal. The appeal shall be delivered to the City Secretary either personally within the ten (10) days or by United States mail postmarked within the ten (10) day period.
2. Not more than forty (40) days following the filing of an appeal, the City Council shall hear the appeal of that applicant at a regular or special meeting of the City Council. The City Council shall review the action of the Planning and Zoning Commission and shall determine only whether or not the Planning and Zoning Commission acted within its authority under the guidelines set forth herein, and whether the decision of the Planning and Zoning was based upon the evidence presented to it which would fairly support the decision made with regard to the appealed issue.
3. If the City Council concludes that the Planning and Zoning Commission acted without sufficient evidence, the City Council may grant the appeal and modify the site plan accordingly, or the City Council may grant the appeal and resubmit the site plan to Planning and Zoning for its further action to be within thirty (30) days from the date of the City Council meeting at which it is resubmitted to the Planning and Zoning Commission.

7.150 Lapse of Approval

1. Unless a longer time shall be specifically established as a condition of approval, a Site Plan approval shall lapse and become void two (2) years following the date on which such approval became effective unless, prior to the expiration of two (2) years a building permit is issued and construction is commenced and diligently pursued toward completion, or a certificate of occupancy is issued for the use, or the site is occupied in accordance with the Site Plan if no building permit or certificate of occupancy is required.
2. A Site Plan approval may be renewed by the Planning and Zoning Commission for an additional period of one (1) year, provided that prior to the expiration date, a written request for renewal is filed with the Director of Planning and Building. The application may be granted by the Planning and Zoning Commission upon its determination that no significant changes have occurred in the application of the criteria established in Section 7.131 above.

7.160 Modification of Site Plan

Sections 7.111 through 7.150 shall apply to an application for modification, expansion or other change in an approved Site Plan, provided that minor revisions or modifications may be approved by the Director of Planning and Building if he/she determines that the circumstances or conditions applicable at the time of original approval have not changed and that the requested changes would not materially alter the Site Plan. Minor changes shall be noted on the master city or file copy of the Site Plan by the Board and shall be dated and signed by him or her.

7.170 Suspension and Revocation

Upon violation of any term or feature of an approved Site Plan, the owner, or owners, of the site shall be deemed guilty of a violation of this ordinance and subject to all the fines and penalties hereof. The Site Plan may be enforced by any proceeding at law or in equity, and further, violations of an approved Site Plan will result in loss of certification of occupancy which shall not be restored until the violation is abated.

7.180 Approval to Run with the Land

A Site Plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application.

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7.190 Site Plan Review Related to Other Approvals

1. The Site Plan review procedure is hereby declared to be subject to all provisions of this Zoning Ordinance and other City development codes and ordinances; and when in conflict therewith, anything contained within an approved Site Plan shall yield to such other provisions and shall be revised accordingly.
2. If the proposed development which is the subject of a site plan application requires subdivision approval, annexation, rezoning, including conditional use permit, then each of said proceedings shall be conducted concurrently as nearly as practical.
3. In the event the access of street dedications within an approved subdivision are based upon a particular circulation and access plan, and the same is noted on the subdivision plat, then in the event such circulation or access is altered or modified, the Planning and Zoning Commission may require that the subdivision plat be amended with regard to access or street dedications in accordance with the subdivision ordinance of the City of Fredericksburg.

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7.200 LOT STANDARDS

1. Required Lot Area

The required area of a lot or parcel of land shall not be less than the area indicated in the various zones contained in this Ordinance, except as hereinafter provided.

2. Boundary Lines

Where a lot or parcel of land, which would otherwise have been shown as one (1) lot, is divided into two (2) or more lots because of City boundaries, the required area shall mean the total area of the parcel of land.

3. Easement

Where a lot or parcel of land subject to a street or highway easement, or other public or private easement where the owner of the servient tenancy does not have the right to use the entire surface area of the lot or parcel of land, such may be accepted as having the required area as indicated by the zone, provided that the required area for a lot or parcel of land is of the minimum lot size designated and the area covered by any such easement contains not more than ten percent (10%) of the required area.

4. Lot Reduction

No person shall divide any lot or parcel of land nor convey any lot or parcel of land or any portion thereof, if, as a result of such division or conveyance the area of any lot or parcel of land so reduced, or any lot or parcel of land so created, is in violation of the requirements of the zone in which it is located.

5. Public Use Reduction

Where a lot or parcel of land has the required area and after creation of such lot or parcel of land a part thereof is acquired for a public use other than for street or highway purposes, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has at least eighty percent (80%) of the required area, such remainder shall be considered as having the required area.

6. Street Reduction

Where a lot or parcel of land has the required area, and after the creation of such lot or parcel of land, a part thereof is required for street or highway purposes exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has at least seventy-five percent (75%) of the required area, then such remainder shall be considered as having the required area.

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7.210 Required Lot Width and Length

The required width and length of a lot or parcel of land shall not be less than the width and length indicated in this Ordinance except as hereinafter provided.

7.220 Designation of Lot Lines

Where the identification or designation of the front, side or rear lot line is in doubt, as in the following situation, the Planning and Zoning Commission shall determine the identity or designation of lot lines:

1. Corner lots or parcels of land with two (2) streets and/or highway frontages approximately equal in length.
2. Through lots or parcels of land fronting on two (2) or more streets and/or highways.

7.230 Dimensions Reduced By Public Use

If a lot or parcel of land has the required width or length and after creation of such lot or parcel of land a portion of it is acquired for public use in any manner including, but not limited to, dedication, condemnation, or purchase and if the remainder of such lot or parcel of land has at least seventy percent (70%) of the required width, but in no event less than thirty-five (35) feet, such remainder shall be considered as having the required width.

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7.240 Creation of a Parcel

No person shall divide any lot or parcel of land nor convey any lot or parcel of land or any portion thereof if, as a result of such conveyance, the width or length of any lot or parcel of land so reduce or any lot or parcel of land so created, is in violation of the required lot width and length of the zone in which the property is located.

7.300 YARD AND SETBACK REGULATIONS

7.310 Purpose

Minimum yard requirements (setbacks) are established (see Appendix B) to ensure safety, light, air, privacy, building separation and open areas appropriate to each use and district, and to minimize impacts of uses and structures on one site upon adjoining sites.

7.320 Special Front Yard Regulations

1. Where the frontage on one side of a street between two intersecting streets is divided by two or more zoning districts, the front yard shall comply with the requirements of the most restrictive district for the entire frontage.
2. Where a building line has been established by plat or ordinance and such line requires a greater or lesser front yard setback than is prescribed by this Ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat.
3. The front yard shall be measured from the property line to the front face of the building, vertical supports of the covered porch or covered terrace, or attached accessory building. Eaves and roof extensions may project into the required front yard for a distance not to exceed four (4) feet and subsurface structures, fences, walls, platforms, or slabs may not project into the front yard to a height greater than forty-eight (48) inches above the average grade of the yard.
4. Attached accessory buildings shall have a front yard not less than the main building. Detached accessory buildings shall be located in the area defined as the rear yard.
5. Where lots have double frontage, running through from one street to another, a required front yard shall be provided on both streets unless a building line for accessory buildings has been established along one frontage on the plat or by ordinance, in which event only one required front yard need be observed.
6. If twenty-five percent (25%) or more of the frontage on one side of a street between two intersecting streets in any residential district is improved with buildings, prior to the effective date of this ordinance, that have been observed an average front yard line varying from the standards herein established, then the average front yard existing in the block shall be observed, provided however, that this regulation shall not be interpreted as requiring a front yard line of more than twenty-five (25) feet.

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7.330 Special Side Yard Regulations

Every part of a required side yard shall be open and unobstructed, except for the ordinary projections of window sills, belt courses, cornices and roof overhangs and other architectural features projecting not to exceed three (3) feet into the required side yard, and root caves projecting not to exceed thirty-six (36) inches into the required side yard.

7.340 Special Rear Yard Regulations

Every part of a required rear yard shall be open and unobstructed to the sky from a point thirty (30) inches above the general ground level of the graded lot, except for accessory buildings as permitted in Section 8.270, and the ordinary projections of window sills, belt courses, cornices, and roof overhangs and other architectural features projecting not to exceed three (3) feet into the required rear yard.

7.400 MEASURE OF DISTANCES GENERALLY

Distances between structures, or between a structure and any property line, setback line, or other line or location prescribed by the Zoning Regulations shall be measured to the exterior face of the nearest wall or vertical support of the structure. Where a structure does not have a vertical wall or support, the point of measurement shall be as determined by the Director of Planning and Building, consistent with the purposes of the Zoning Ordinance and the provisions of the Building Code.

7.500 HEIGHT REGULATIONS

Height limitations are established to ensure that buildings and structures shall not exceed heights generally compatible with purposes of the district and other uses therein, and shall not unnecessarily impact upon the privacy, views, or desirability of development of adjoining sites.

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7.510 Measurements of Height

1. Building. The height of a building shall be measured from the average of the highest and lowest grade adjacent to the building, to the highest point of the coping of a flat roof, deck line of a mansard roof, or to the height of the highest gable on a pitched or hipped roof.
2. Building Segment. The height of buildings having visually distinct segments, such as stepped or terrace construction or building segments connected by lower portions of the structure, shall be measured separately for each segment of the building.
3. Linear Structures and Features. The height of linear features, such as fences, wall, hedges, screen plantings or line features shall be the average height measured from grade to the highest portion of such feature at all points along the feature. For purposes of applying maximum or minimum requirements, a linear feature which has an average height for its entire length in conformity with such requirements and does not exceed the requirement by more than fifteen percent (15%) at any point shall be deemed to comply.

7.520 Permitted Exceptions to Height Limits

The following structures and features may exceed the maximum height for the district in which they are located, subject to limits specified herein:

1. The following structures may exceed the height limit of any district by not more than fifteen percent (15%), or such height as may be necessary to comply with generally accepted engineering practices for stacks and vents, or any applicable Federal or State law, regulation, guideline or order, whichever is greater:

1. Parapet walls, chimneys, vents and mechanical or safety features such as fire towers, stairways, elevator penthouses, heating and cooling equipment and protective covers.
2. Ornamental towers, cupolas, domes and spires not designed for occupancy.

2. The following structures are exempt from the height limit:

1. Radio and television receiving antennae of the type customarily used for home radio and television receivers.
2. Flagpoles.

3. Radio towers operated by licensed amateur radio operators no more than sixty (60) feet in height plus fifteen (15) feet for antennae. A Conditional Use Permit shall be required to exceed tower and antennae height of sixty (60) feet and fifteen (15) feet respectively.

7.530 Fences, Walls and Visibility

All fences, walls, shrubs and trees shall be constructed and maintained in accordance with the following standards:

1. All fences, walls, and hedges, located in front of the minimum required front yard line as specified herein, shall not be constructed or maintained to a height exceeding four (4) feet above the grade of the lot.
2. All fences and walls located to the rear of the minimum required front yard shall not exceed eight (8) feet in height. Fences or walls which conform to the minimum front, side, and rear yards for buildings may be erected to any maximum height specified for a building on the lot or tract where such fence or wall is located 
3. All fences, walls, hedges, signs, shrubs or trees located on corner lots shall be located and maintained so as not to obstruct the visibility in accordance with the Traffic and Visibility Code of Ordinances, Section 10.900.

7.540 Curbs

Street curbs shall be constructed for all un-curbed lots or tracts subject to a Conditional Use Permit, Zoning Change, Site Plan Review, or Building Permit. (For undeveloped properties and expansions or changes of existing developed properties requiring an increase in off-street parking or vehicle reuse area.)

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7.600 RESIDENTIAL DENSITY

Residential density regulations are established to coordinate the intensity of residential development with existing and planned public service and utility capabilities, to ensure residential development compatible with existing and anticipated uses of nearby property, and to promote the growth, population distribution, and development policies of the Comprehensive Plan.

7.610 Townhouse and Condominium Standards

1. Townhouse Residential. Townhouse residential use is permitted in the R-2, R-3, C-1, C-2, and CBD districts with a Conditional Use Permit as modified by the following limitations:

1. Minimum Lot Size: 2,500 Square feet, per dwelling unit.
2. Minimum Lot Width: 20 feet per dwelling unit.
3. Minimum Lot Depth: 100 feet.
4. Minimum Front Yard Setback: 20 feet.
5. Minimum Interior Side Yard Setback: 7 ½ feet, measured from the unattached side wall of an end unit, to the interior side lot line. Within a townhouse project here shall be at least fifteen (15) feet of separation or combined side yard between each group of townhouses.
6. Minimum Exterior Side Yard Setback: 20 feet, measured from the unattached side wall of an end unit, to the side lot line abutting a street.
7. Minimum Rear Yard Setback: 10 feet.
8. Maximum Building Length: No group of attached townhouses shall exceed two hundred (200) feet in length.
9. Coverage: No more than fifty-five percent (55%) of the total site area may be covered with buildings and required parking spaces. The remaining forty-five percent (45%) may include driveways, sidewalks, patios, grass and other landscaped areas.
10. Private Yards: Each lot shall include a front yard with not less than three hundred (300) square feet of area. Not more than fifty percent (50%) of the required private yard may by occupied by a driveway. Parking spaces shall not be included in the computation of the required private yard area. A wall or solid fence not less than five (5) feet in height is required on side lot lines where the required private yard adjoins such lot lines. A patio cover or roof may cover up to twenty-five percent (25%) of the private yard.
11. Maximum Density: 3600 square feet of site area per dwelling unit.
12. Parking and Driveways:

1. Two (2) off-street parking spaces shall be provided for each townhouse.
2. No driveway located in front of a townhouse lot shall exceed twenty-one (21) feet in width.
3. One-way common driveways shall be at least ten (10) feet in width, and two-way driveways shall be at least eighteen (18) feet in width.
4. Each building shall be directly accessible from a public street or from an unobstructed fire lane.
5. Individual driveways shall not open onto streets with a functional classification of collector or greater. When townhouse units are located on a collector street, the driveway entrances shall be limited to providing access to a common interior driveway located at the rear of the townhouses.

13. Other requirements: Each townhouse shall be located on an individual lot. There shall be at least four (4) connected units in each project.

2. Condominium Residential. Condominium Residential use is permitted in the R-2, R-3, C-1, C-2, and CBD with a Conditional Use Permit as modified by the following limitations:

1. Minimum of four (4) dwelling units.
2. Minimum site area for condominium residential use shall be 14,000 Square feet.
3. Maximum residential density for condominium use shall be 3,500 Square feet of site area for each dwelling unit.

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7.700 LOT COVERAGE REGULATIONS

Lot coverage limitations are established to ensure that building coverage and impervious surface coverage of each lot are compatible with the nature of uses allowable in each district, with environmental objectives of the Comprehensive Plan, and to avoid overcrowding of sites with buildings and paved or impermeable surface materials.

7.710 Measurement

1. Building coverage of a lot shall be deemed the total horizontal area of all buildings and roofed or covered spaces on the lot, expressed as a percent to total lot area. Eaves and roof overhangs extending not more than three (3) feet from the supporting walls or members of a building shall not be counted as building coverage.
2. Impervious coverage of a lot shall include the total horizontal area of all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements or structures contributing to run-off greater than would occur on the site in its natural state. Pools, including but not limited to swimming pools, reflecting pools and fountains, are excluded from this calculation.
3. Subsurface areas shall be excluded from building coverage and impervious coverage calculations.
4. The 100 year flood plain area of a lot shall not be included in the calculation of building coverage or impervious coverage.

7.800 OFF-STREET PARKING PROCEDURES

7.810 Title and Purposes

Section 7.800 through 7.865 shall be known as the Off-Street Parking Regulations. These regulations require off-street and loading facilities proportional to the need created by each use in order to ensure functionally adequate, aesthetically pleasing, and secure off-street parking facilities. Development regulations and design standards are intended to ensure the usefulness of parking facilities, protect the public safety and, where appropriate, to mitigate potential adverse impacts on adjacent land uses.

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7.820 Basic Regulations: Vehicle Parking / Loading & Unloading

1. Off-street parking facilities shall be provided for any new building constructed for any new use established. Off-street parking facilities shall be provided for any addition or enlargement of an existing building or use, and for any change of occupancy or manner of operation that would result in additional parking spaces being required, provided that the additional parking shall be required only for such addition, enlargement, or change and not for the entire building or use.
2. Facilities being used for off-street parking on the effective date of the Zoning Ordinance shall not be reduced in capacity to less than the number of spaces prescribed, nor altered in design or function to less than the minimum standards prescribed in the Off-Street Parking and Loading Regulations.
3. For sites with more than one use and for adjacent sites served by a common parking facility, the parking requirement shall be the total number of spaces required for each site or use, except as adjusted pursuant to Section 7.850.
4. Parking facilities constructed or substantially reconstructed subsequent to the effective date of the Zoning Regulations, whether or not required, shall conform to the design Standards set forth in Section 7.860.
5. All required facilities shall be maintained for the duration of the use requiring such areas. Such facilities shall be used exclusively for the temporary parking of passenger automobiles, motor vehicles, or light trucks not exceeding one ton in capacity, and shall not be used for the sale, display, or storage of merchandise, or for the storage or repair of vehicles or equipment.
6. All required parking facilities shall be located on the same site as the use for which such facilities are required, except as authorized pursuant to Section 7.850.
7. No use shall be required to provide more spaces than prescribed by these regulations or prescribed by the Director of Planning and Building in accordance with these Zoning Regulations, or prescribed pursuant to a Conditional Use Permit or a Variance. Where parking spaces are provided in excess of such requirements, the spaces may be considered as meeting the requirement for another use pursuant to Section 7.850.
8. Head in parking which requires backing onto a public street, that is, parking which does not provide off-street space for turning a vehicle, is prohibited except in the R-2, R-3 and C-1 districts upon local streets only, provided that such parking does not exceed five (5) spaces and is located at least sixty (60) feet from any intersection of such local street and an arterial or collector street. Such parking shall be considered off-street parking.
9. Uses or changes in use requiring three (3) or less off-street parking spaces in the CBD Zoning District shall be exempt from providing off-street parking. In the case of expansions of use, the normal parking requirements hereof will apply to the entire property, and the parking spaces exempted under this Subsection I as well as any additionally required ones will be provided at the time of expansion.
10. Adequate loading and unloading facilities shall be provided onsite. Loading and unloading of commercial vehicles or customer vehicles on residential streets is prohibited.
11. Notwithstanding the provisions of Table 7.863, a minimum of five (5) parking spaces shall be provided for any single industrial use located individually on a site and served by a separate parking facility, and a minimum of ten (10) parking spaces shall be provided for any two or more industrial uses located on the same site and served by a common parking facility.
12. There shall be no off-street parking requirement for any use occupying a historic structure as defined and listed site in the Fredericksburg Historic Resource Survey. Expansions and enlargements shall be subject to all provisions of Section 7.800.

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7.825 Special Provisions Applicable To Central Fredericksburg

1. Special parking requirements shall apply within designated portions of Central Fredericksburg in order to further enhance the unique historical character and discourage inharmonious parking facilities in such historical districts or on sites occupied by historic structures and to reduce intrusion on pedestrian-oriented street frontages by parking facility access.
2. Special Parking Requirements Area, including all of blocks 28, 34, 68, 43, 48, 53, 52, 47, 42, 67, 33 and 27 of the Fredericksburg Addition further described as those blocks bordered by Austin Street on the north, San Antonio Street on the south, Milam Street on the west, and Washington Street on the east.
3. Special Provisions

1. For those businesses which construct their own off-street, off-premises parking, the distance to the parking lot may be extended fifty percent (50%) in addition to the provisions in Section 7.850.
2. When any existing building is: (1) converted to another use; or (2) has the usable floor area within the existing building perimeter enlarged, rehabilitated or remodeled, without enlarging said building perimeter, then said building conversion or improvement shall not require additional off-street parking, other than the number of existing off-street parking spaces which are utilized by said building.
3. For new buildings or expanded building space, the following uses shall provide fifty percent (50%) of the off-street parking requirements of Table 7.863.
4. The provisions of C.3 above shall not apply for sites where a historic structure is removed and a new building built.

7.830 Schedule of Off-Street Parking Requirements

Parking facilities for each use shall be provided in accordance with the minimum requirements prescribed in Table 7.863.

1. Where the application of Table 7.863 results in a fractional requirement, a fraction of 0.5 or greater shall be resolved to the higher whole number.
2. For the purposes of this section, requirements shall be based on gross floor area, but shall not include enclosed or covered areas used for off-street parking or loading.
3. Where requirements are established on the basis of seats or person capacity, the Standard Building Code provisions applicable at the time of determination shall be used to define capacity.
4. Facilities requiring accessibility to the handicapped shall provide parking spaces as determined by the Standard Building Code.

7.840 Parking for Compact Cars

In each parking facility of fifty (50) or more spaces, a minimum of twenty-five percent (25%) and a maximum of forty percent (40%) of the spaces may be designed and reserved for small or compact cars. Spaces for compact vehicles shall be located in a manner affording desirability and usability equivalent to standard spaces. Compact parking spaces shall be located in groups of not less than five (5) contiguous spaces, and shall be identified by appropriate directions and marking.

7.850 Off Site or Remote Parking

1. The Planing and Zoning Commission may approve (by the Site Plan Review ) location of a portion of the parking required for a use on another site, pursuant to this section.
2. Off site parking shall be located within 300 feet of the use which it serves, measured as the shortest practical walking distance from the nearest off site parking space to the nearest entrance to the building or use which it serves.
3. In determining whether to approve off site parking, the Planning & Zoning Commission shall consider all relevant factors, including:

1. The location of the use and the proposed off site parking.
2. Existing and potential parking demand created by other uses in the vicinity.
3. The characteristics of the use, including employee and customer parking demand, hours of operation and projected convenience and frequency of use of the off site parking.
4. Adequacy, convenience and safety of pedestrian access to off site parking.
5. Traffic patterns on adjacent streets, and proposed access to the off site parking.
6. The report and recommendation of the Director of Planning and Building and the Director of Public Works.

4. The Commission may require such guarantees as it deems necessary to assure the continued availability and usability of any off site parking.
5. Handicapped parking spaces shall not be located in an off site parking facility.

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7.860 Design Standards

1. Standards. Design standards are established by this section to set basic minimum dimensions and guidelines for design construction, and maintenance of parking and loading facilities.
2. Parking Space Dimensions. The following basic dimensions shall be observed for parking spaces.

1. Each standard parking space shall consist of a rectangular area not less than 8.5 wide and 18.5 feet long. Each compact parking space shall consist of a rectangular area not less than 7.5 feet wide and 15.0 feet long. Each space shall have a vertical clearance of not less than 7.5 feet. Each space shall be independently accessible.
2. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 12.5 feet wide and 18.5 feet long, shall have a vertical clearance not less than 7.5 feet, shall be located in an area not exceeding a two percent (2%) slope, and shall be located near and convenient to a level or ramp entrance accessible to handicapped persons. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only.
3. Each parking space shall have adequate drives, aisles, and turning and maneuvering areas for access and usability, and shall at all times have access to a public street or alley.

3. Parking Facility Design. Minimum parking facility design standards are illustrated in Table 7.862. Additional supplemental guidelines and standards for parking facility design, internal layout, acceptable turning radii and pavement slope, vehicular and pedestrian circulation, and other design features may be adopted by resolution of the Planning and Zoning Commission, upon recommendation of the Director of Planning and Building.
4. Paving and Drainage. The following basic standards shall be observed:

1. In all districts parking and loading facilities shall be an all weather surface. Materials may be pervious (see Appendix D for impervious coverage requirements).All parking and loading facilities shall be appropriately marked with lines, buttons, or other approved markers.
2. All parking facilities shall be graded and provided with permanent storm drainage facilities, meeting the construction specifications set by the City Engineer. Surfacing, curbing and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets or alleys and to provide adequate drainage.
3. Curbing shall be provided along the parking facility area for all streets upon which it fronts.

5. Safety Features. Parking facilities shall meet the following standards:

1. Safety barriers, protective bumpers or curbing, and directional markers shall be provided to assure safety, efficient utilization, protection of landscaping and prevention of encroachment onto adjoining public or private property.
2. Visibility of and between pedestrians, bicyclists and motorists shall be assured when entering individual parking spaces, when circulating within a parking facility and when entering and exiting a parking facility.
3. Internal circulation patterns, and the location and traffic directions of all access drives, shall be designed, designated and maintained in accordance with accepted principles of traffic engineering and traffic safety.
4. All ingress and egress shall be constructed in accordance with Section G, Access Standards.

6. Lighting. Lights provided to illuminate any parking facility or paved area shall, to the maximum extent feasible, be designed to reflect away from any residential use.
7. Access Standards.

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1. The width of a residential access from a public street to an off-street parking area or other vehicular use area shall not exceed twenty-one (21) feet. Exception: A residence with an attached three car garage may have up to thirty-one (31) feet.
2. The width of a commercial, industrial, or civic use access, from a public street to an off-street parking area or other vehicular use area, shall not exceed forty (40) feet.
3. No more than one access shall be permitted for any street frontage up to two hundred (200) lineal feet except that single family residential lots located in residential zoning districts are permitted two accesses provided the lot has a minimum of one hundred (100) feet of street frontage along the side of the lot which is to contain two accesses . Properties situated at the corner of two intersecting public streets shall provide a minimum corner clearance calculated as street frontage divided by five (5), but in no case less than twenty-five (25) feet.
4. No more than two (2) accesses shall be permitted for any street frontage over two hundred (200) lineal feet but less than six hundred (600) lineal feet of street frontage. The distance between access or from the corner of two intersecting public streets shall provide a minimum separation as calculated by street frontage divided by five (5), but in no case more than one hundred (100) feet.
5. Any frontage over six hundred (600) lineal feet is considered a special design requiring special engineering review and determinations, and more than two (2) accesses may be permitted only if deemed appropriate by the Planning and Zoning Commission (or the Director of Planning and Building if the development plan need not to be reviewed by the Planning and Zoning Commission).
6. Existing developed properties that do not have street curbs and street curbs are planned to be constructed, and a single driveway or two (2) driveways clearly exist (i.e.: each drive has a specific location and separate function) then the requirements of G.3 above shall not apply. In no case shall there be more than two (2) accesses for frontage less than two hundred (200) feet. The second driveway shall be closed at the time of curbing if it imposes or creates a potential hazard to vehicular or pedestrian traffic as determined by the Director of Planning and Building.
7. The above standards shall be applicable to any property constituting a separate tract or platted lot or which has or will be developed jointly or under one site plan.

8. Refuse Collection and Storage

All businesses shall provide suitable trash and refuse storage areas which are designed and constructed to prevent view from the street and to prevent refuse from being displaced about the site, into adjacent properties or public right-of-way and to permit safe, easy removal of refuse by truck or hand.

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TABLE: 7.861

MINIMUM PARKING FACILITY STANDARDS

 

A   Angle of Parking (Degrees)

B   Width of Stall

C   Depth of Stall 90 to Aisle

D   Width of Aisle

E   Width of Stall Parallel To Aisle

F   Width Module

Standard Parking Spaces
30	8.5	16.9	12.5	17.0	47
45	8.5	17.5	13.0	12.0	48
60	8.5	19.0	18.0	9.8	56
75	8.5	19.5	25.0	8.8	64
90	8.5	18.5	28.0	8.5	65
90	9.0	18.5	26.0	9.0	63
90	9.5	18.5	25.0	9.5	62

Compact Parking Spaces
30	7.5	14.0	12.5	15.0	41
45	7.5	15.9	13.0	10.6	45
60	7.5	16.7	18.0	8.7	52
75	7.5	16.4	18.0	7.8	51
90	7.5	15.0	18.0	7.5	48

Parallel Parking Spaces
0	8.5	8.5	12.5	22.0	30
		Width		Length

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TABLE: 7.863

OFF - STREET PARKING

All requirements based on gross square feet.

 

USE CLASSIFICATION	MINIMUM OFF-STREET PARKING REQUIREMENTS
Single Family Residential	2 space per dwelling unit
Patio Home Residential	2 spaces per dwelling unit
Duplex Residential	1 space per dwelling unit
Townhouse Residential	2 spaces per dwelling unit
Condominium Residential	2 spaces per dwelling unit
Multiple Family Residential and Group Residential	Efficiency: 1 space per dwelling unit One Bedroom: 1.5 spaces per dwelling unit Two or more bedrooms: 2 spaces per dwelling unit
Manufactured Home Residential	2 spaces per Manufactured Home Space or lot

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COMMERCIAL USE TYPES:
Administrative and Business Offices	1 space per 400 square feet
Agricultural Sales and Services	See Schedule A
Automotive Rentals	See Schedule A
Automotive Repair Services	2 spaces per mechanic or repair stall whichever is greater
Automotive Sales	See Schedule A
Automotive Washing	Queue Line space equivalent to 1 times the service capacity of the use
Building Maintenance Services	See Schedule A
Business Support Services	See Schedule A
Business or Trade School	1 space per 5 person capacity
Campground	1 space per camping unit
Cocktail Lounge	1 space per 3 persons capacity
Commercial Off-Street Parking Facility	No requirement
Communications Services	1 space per 500 square feet
Construction Sales and Services	See Schedule A
Consumer Convenience Services	See Schedule B
Consumer Repair Services	1 space per 400 square feet
Convenience Storage	1 space per 2000 square feet
Convenience Store/Self Serve Gasoline	1 space per 300 square feet and 1 space per gasoline pump
Dance Halls/Meeting Halls	1 per 40 square feet or 2 per 6 seats for patron use
Dance Halls (Liquor Sales)	1 per 4 patron seating
Drive through facility, as an ancillary use	May be adjusted through the Site Plan Review or Conditional Use procedure
Equipment Repair Services	See Schedule A
Equipment Sales	See Schedule A
Exterminating Services	1.5 spaces per 1000 square feet
Financial Services	1 space per 400 square feet
Food Sales	1 space per 300 square feet
Funeral Services	1 space per 4 person capacity
General Retail Services	1 per 400 square feet
Hotel/Motel	First 50 Rooms: 1.10 spaces per room Each additional room over 50 rooms: 1.0 space per room Other use activities within hotel/motel: 100% of Table 7.863 requirements
Indoor Entertainment	1 per 100 square feet or 1 space per 4 seats
Indoor Sports and Recreation	1 per 400 square feet
Kennels	1 space per 750 square feet of kennel space
Laundry Services	1 space per 200 square feet or 4 customer spaces and 1 space per employee, whichever is greater
Liquor Sales	1 space per 400 square feet
Medical Offices	1 space per 300 square feet of exam, testing, waiting rooms & offices
Outdoor Entertainment	See Schedule B
Outdoor Sports and Recreation	See Schedule B
Pawn Shop Services	1 space per 400 square feet
Personal Improvement	1 space per 300 square feet
Personal Services	1 space per 300 square feet
Pet Services	1 space per 400 square feet
Professional Offices	1 space per 400 square feet
Research Services	1 space per 400 square feet
Restaurant	1 space per 4 seats, plus cocktail lounge requirements
Restaurant, Drive-In / Fast Food	3 spaces per each 100 square feet within the customer service and dining area
Scrap and Salvage Services	See Schedule A

 

Service Station	1 space per 2 gas pumps plus 1 space per service person
Shopping Center	1 space per 200 square feet
Stables	See Schedule B
Vehicle Storage	No requirement
Veterinary Services	1 space per 500 square feet

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INDUSTRIAL USE TYPES: (See Section 7. 820.K)
Basic Industry	See Schedule A
Custom Manufacturing	See Schedule A
General Warehousing	See Schedule A
Light Manufacturing	See Schedule A
Limited Warehousing	See Schedule A
Resource Extraction	1 per employee based on the largest shift plus 25% to cover shift change
Stockyards	1 per employee based on the largest shift

 

CIVIC USE TYPES:
Administrative Services	1 space per 400 square feet
Aviation Facilities	See Schedule B
Cemetery	See Schedule B
Club or Lodge	1 space per 5 persons capacity
College and University Facilities	See Schedule B
Community Recreation	1 space per 5 persons capacity
Convalescent Services	1 space per 4 beds patient capacity, plus 1 space per 2 employees (Maximum shift)
Cultural Services	1 per 400 square feet
Day Care Services	1 ½ space per teacher, administrator, or day care provider
Detention Facilities	See Schedule B
Guidance Services	1 per 400 square feet
Hospital Services (General)	1 space per bed
Hospital Services (Limited)	1 space per 200 square feet of examination, treating, waiting rooms and offices
Local Utility Services	See Schedule B
Maintenance and Service Facilities	See Schedule A
Major Utility Facilities	See Schedule A
Military Installations	See Schedule B
Park and Recreation Services	See Schedule B
Postal Facilities	See Schedule B
Public and Private Primary Educational Facilities	2 spaces per classroom plus public assembly requirement for auditorium or assembly hall
Public and Private Secondary Educational Facilities	1 ½ off-street parking space per classroom and one space for each three students anticipated to be enrolled in the 11th and 12th grades
Public Assembly	1 space per 5 persons capacity
Railroad Facilities	See Schedule B
Religious Assembly (Church)	1 space per 4 seats in sanctuary
Safety Services	See Schedule B
Transportation Terminals	See Schedule B

 

AGRICULTURAL USE TYPES:
Horticulture	1 per 1000 square feet

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TABLE: 7.864

SCHEDULE: A

Specific off-street parking requirements to be determined by the Director of Planning and Building based on the following minimum requirements for applicable functions or activities associated with each use:

 

ACTIVITY	REQUIREMENT
Office or administration activity	1 space per 400 square feet
Indoor sales, service or display	1 space per 750 square feet
Outdoor sales, service or display	1 space per 1200 square feet
Indoor storage, warehousing, equipment servicing or manufacturing	1 space per 1,000 square feet or 1 space per employee, based on the largest shift
Outdoor storage, equipment servicing or manufacturing	1 space per 2,300 square feet

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TABLE: 7.865

SCHEDULE: B

The minimum off-street motor vehicle parking and loading requirements for uses subject to Schedule B shall be determined by the Director of Planning and Building. In making such determination, the Director of Planning and Building shall consider the requirements applicable to similar uses, the location and characteristics of the use, and appropriate traffic engineering and planning data.

7.900 LANDSCAPING AND SCREENING REGULATIONS

The purpose of landscaping and screening requirements is to improve certain set-back and yard areas, including off-street vehicular parking and open-lot sales and service areas, for all uses other than single-family, duplex, triplex or four-plex residential uses, and to aid in stabilizing the environment’s ecological balance by contributing to the process of air purification, oxygen regeneration, ground water recharge and storm water runoff retardation, while at the same time aiding in noise, glare and heat abatement, and to protect and preserve the appearance, character and value of surrounding neighborhoods.

7.910 Specific Definitions

The following specific definitions shall apply to the landscaping and screening regulations contained in this Ordinance.

1. Landscaping. Landscaping shall consist of any of the following or combination thereof: material such as, but not limited to grass, ground covers, shrubs, flowers, vines, hedges, trees, native plant materials, planters, brick, stone or natural forms, water forms, aggregate or other landscape features, but not including the use of smooth concrete or asphalt. The use of brick, stone, aggregate or other inorganic materials shall not predominate over the use of organic plant material.
2. Shrubs. Self-supporting, woody species as normally grown in Gillespie county.
3. Dripline. The periphery of the area beneath a tree that would be encompassed by perpendicular lines dropped from the furthermost edges of the crown of the tree.

7.920 Landscaping Requirements

Landscaping requirements for certain yard areas and off-street parking, and other vehicular use areas (other than single-family, duplex, triplex, and fourplex residential uses) :

All areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not (herein referred to as "off-street parking areas"), and all areas upon which vehicles traverse the property as a function of the primary use (hereinafter referred to as "other vehicular use areas"), including, but not limited to, activities of a drive-in nature such as filling stations, grocery stores, banks and restaurants shall conform to the minimum landscaping requirements herein provided. Exceptions include: (1) Areas used for parking or other vehicular uses under, on, or within buildings; (2) Parking areas and other vehicular use areas serving One-Family, Duplex, Triplex, or Fourplex uses as normally such residential areas are voluntary landscaped; and (3) Expansion and changes on the use of existing improved properties requiring an increase in off-street parking spaces and/or vehicle use area of less than twenty-five percent (25%) more than the number of off-street parking spaces existing at the time of the proposed expansion or change in use.

1. Installation. All landscaping shall be installed in a good workmanship like manner and according to accepted good planting procedures with the quality of plant materials as herein described. All elements of landscaping, except plant material other than hedges, shall be installed so as to conform to all other applicable ordinances or City Codes. Landscaped areas shall require protection from vehicular encroachment as herein provided. Landscaping may be installed within the next planting season if the time of development is an inappropriate time to plant, but all landscaping must be installed no later than one year from date of occupancy of the property.
2. Maintenance. The owners, tenants and their agents, if any, shall be jointly and severally responsible for the maintenance of all landscaping provided for under this ordinance. All landscaping shall be maintained in good condition so as to present a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with either: (1) readily available water supply with at least one outlet located within one hundred (100) feet of all plant material maintained; or (2) an underground sprinkler system. Landscaped areas adjacent to pavement areas shall be protected with curbs or equivalent barricades.
3. Plant Material.

Trees

1. Trees shall be species having an average mature spread of crown of at least (15) feet and having a trunk (s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread.
2. Tree species shall be a minimum of one and one-half (1-1/2) inch diameter.

Shrubs and Hedges. Shrubs shall be a minimum of fifteen (15) inches in height when measured immediately after planting. Except as provided for herein, hedges shall be planted and maintained so as to form a continuous, unbroken, and solid, visual screen within a reasonable time after planting.

Vines. Vines shall be a minimum of twenty-four (24) inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as herein specified.

Ground Covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present appearance and reasonably complete coverage within three (3) months after planting.

Lawn Grass. Grass areas shall be planted in species normally grown as permanent lawns in Fredericksburg. Grass areas may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used, rye grass seed shall be sown for immediate effect and protection until further coverage is otherwise achieved.

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1. Required Landscaping Adjacent to Public Right-of-Way. On the site of a building or open lot use providing an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way, as follows:

1. A strip of land at least five (5) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped. Such landscaping shall include one tree for each fifty (50) lineal feet or fraction thereof of right-of-way (street) frontage. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with each dimension at least (5) feet in length. In addition, a hedge, wall, or other durable landscape barrier of at least two (2) feet in height shall be placed along the perimeter of such landscaped strip. If such durable barrier is of non-living material, for each ten (10) feet thereof, one shrub or vine shall be planted abutting such barrier but need not be spaced ten (10) feet apart. Such shrubs or veins shall be planted along the street side of such barrier unless then are of sufficient height at the same time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving.
2. All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with grass or other ground cover.
3. Necessary access from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas.

1. Perimeter Landscaping Related to Abutting Properties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, where such areas will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a wall, fence, hedge or other durable landscape barrier not greater than eight (8) feet in height, nor less than three and one-half (3 ½ ) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking areas or other vehicular use areas is accomplished. If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than two and one-half (2 ½) feet in width.

In addition, one tree shall be provided for each seventy-five (75) lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with each dimension at least five (5) feet in length. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree.

The provisions of this subsection shall not be applicable in the following situations:

1. Where a property line abuts a dedicated alley, or to those portions of the property that are opposite a building or other structure located on the abutting property.
2. Where a proposed parking area or other vehicular use abuts an existing hedge, wall or other durable landscape barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this subsection, provided that said existing barrier meets all applicable standards of this Ordinance and protection of hedges against vehicular encroachment is provided.
3. Where the abutting property is zoned for business uses, only the tree provision with its planting area as prescribed in this subsection shall be required; however, the number of trees may be reduced to one (1) tree for each one hundred twenty-five (125) lineal feet or fractional part thereof.

1. Parking Area Interior Landscaping. Off-street parking areas shall have at least ten (10) square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. In addition, other vehicular use areas shall have one (1) square foot of landscaped area for each one hundred (100) square feet or fraction thereof of paved area for the first 50,000 square feet, excluding the first 5,000 square feet of paved area, plus one (1) square foot of landscape area for each two hundred (200) square feet or fraction thereof of paved area for all paved area over 50,000 square feet; provided, however, in areas zoned for industrial use these requirements shall be reduced by 50%. Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of determining the other vehicular use first multiplying the total number of parking spaces by four hundred (400) and subtracting the resulting figure from the total square footage of the paved area. Each separate landscaped area shall contain a minimum of fifty (50) square feet, with each dimension at least five (5) feet in length, and shall include at least one (1) tree having a clear trunk at least five (5) feet in height, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height.

The total number of trees shall not be less than one (1) for each one hundred (100) square feet or fraction (over one-half) thereof of required interior landscaped area.

Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.

In other vehicular use areas where the strict application of this subsection will seriously limit the function of said area the required landscaping may be located near the perimeter of the paved area, including such perimeters which may be adjacent to a building on the site. Such interior landscaping that is relocated as herein provided shall be in addition to the perimeter landscaping requirements of subsection 7.920 (E) of this Ordinance.

The front of a vehicle may encroach upon any interior landscaped area where said area is at least three and one-half (3 1/2) feet in depth adjacent to the abutting parking space and protected by wheel stops or curbing. Two (2) feet of said landscaped area may be part of the required depth of each abutting parking space.

Parking lot storm drainage shall be designed so as to direct water from paved areas to the landscaped areas to allow absorption into the permeable ground prior to discharge into the public street or storm drainage system. This should be accomplished in a manner not likely to result in erosion.

1. Sight Distance for Landscaping Adjacent to Public Right-of-Way and Points of Access. When an access intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet in height provided, however, trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area may be allowed if they are so located so as not to create a traffic hazard. Landscaping, other than grass or ground cover, shall be located within three (3) feet from the edge of any access pavement.

The triangular areas above referred to are:

1. The areas of property on each side of an access way formed by the intersection of the access and the public right-of-way line with two (2) sides of each triangle between ten (10) feet in length from one point of intersection along the access and public right-of-way lines, respectively, and the third side being a line connecting the ends of the two (2) other sides.
2. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way shall be in accordance with Traffic and Visibility code of ordinances, Section 10.900.

1. Landscape Preservation. The existing natural landscape, especially plants, shrubs and trees native to the area, shall be preserved to the extent reasonable and feasible. Indiscriminate clearing or stripping of natural vegetation is prohibited. Landscape to be removed or retained shall be reviewed as part of the site plan approval process by the Planning and Zoning Commission or as part of the building permit process by the Director of Planning and Building in the event that site plan review is not required. No landscaping may be removed before approval of the site plan or building permit. The criteria to be applied by the Planning and Zoning Commission or by the Director of Planning and Building as appropriate, as typographical constraints on design, drainage, ingress and egress, utilities and other factors reasonably related to health, safety and welfare of the public, the nature and quality of the landscaping installed to replace existing natural landscaping and such other factors as may be relevant and proper.

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1. Protection of Trees.

1. No person or entity shall remove, contribute to the removal or endanger any tree having a trunk circumference of thirty inches (30") or more, measured four (4) feet above natural grade level which is situated within the boundaries of the area to which the landscape requirements apply as set out in Section 7.900 above, without a tree removal permit from the Director of Planning and Building. Removal and endangerment include uprooting, severing the main trunk of the tree or any act which may reasonably be expected to cause the tree to die including without limitation damage inflicted upon the root system by machinery, storage or materials or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; paving with concrete asphalt or other impervious materials in a manner which may reasonably be expected to kill the tree, or a lack of adequate protection during the construction process.
2. Trees which are designated on an approved site plan or an approved building permit for removal are exempt from the requirement of a removal permit.
3. The Director of Planning and Building shall issue a removal permit for all trees that are, in his determination, so located as to prevent reasonable access to the property or to prevent reasonable use of the property, that constitute a hazard to life or property which cannot be reasonable mitigated without removing the tree, if the tree is dying, dead or diseased to the point that it