10.121 LA Application of Division

(a) This division does not apply to the following:

(1) Property governed by a landscape plan approved by the city council or the city plan commission.

(2) Property lots in the following districts:

(A) The Dallas Arts District (Planned Development District Nos. 145 and 145-H/18).

(B) The Deep Ellum/Near East Side District (Planned Development District No. 269).

(D) Central area districts.

(3) Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado, riot, act of the public enemy, or accident of any kind. For purposes of this section, "restoration" means the act of putting back into a former or original state.

(4) Property located within or in close proximity to an airport boundary if the city's director of aviation determines that the required landscape materials will threaten public health or safety.

Discussion: Consider adding the construction of radio, television, or microwave tower use or a cellular communication facility or tower and antenna with an addition of under 300 square feet of floor area. Further amendment may be considered for property at McCommas Bluff Landfill.

(b) Only Section 51A-10.125(a) of this division applies to lots containing single family or duplex uses.

(c) This division only becomes applicable to a lot or tract when the nonpermeable coverage on the lot or tract is increased by more than 2,000 square feet within a 24-month period, or when an application is made for a building permit for construction work that:

(1) increases the number of stories in a building on the lot; or

(2) increases by more than 35 percent or 10,000 square feet, whichever is less, the combined floor areas of all buildings on the lot within a 24-month period. The increase in combined floor area is determined by adding the floor area of all buildings on the lot within the 24 months prior to application for a building permit, deducting any floor area that has been demolished in that time or will be demolished as part of the building permit, and comparing this figure with the total combined floor area after construction.

Discussion: Consider amending to state 'the division only becomes applicable to a lot or tract when the nonpermeable coverage on the lot or tract has a net increase of more than 2,000 square feet within a 24-month period, except for public or sidewalk additions, or when an application is made for a building permit for construction ....'

(d) When this division becomes applicable to an individual lot or tract, its requirements are binding on all current and subsequent owners of the lot or tract.

(e) The city council shall, as a minimum, impose landscaping requirements that are reasonably consistent with the standards and purposes of this division as a part of any ordinance establishing or amending a planned development district, or granting or amending a specific use permit. (Note: This subsection does not apply to ordinances that merely renew a specific use permit when no substantive changes are made other than to extend the time limit of the permit.) All landscaping requirements imposed by the city council must be reflected in a landscape plan that complies in form and content with the requirements of Section 51A-10.123. (Ord. Nos. 19455; 19786; 20496; 22053; 25155)

Discussion: As briefly indicated in the definitions (artificial lot), it has been suggested to remove City of Dallas public park properties and city trail systems from this division. All landscaping authority design, implementation and review would be through the Park Department and the Park Board. Article X tree preservation requirements would remain as it does currently on all property in the city with the noted exceptions.