10.121 Application of Division - Landscaping

Division 51A-10.120. Landscaping.

 

SEC. 51A-10.121.                  APPLICATION OF DIVISION.

(a)        Except as provided in this article, this division does not apply to the following:

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

            (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).

                        (C)       The Oak Lawn Special Purpose District (Planned Development District No. 193).

                        (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.

(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, not including portions of pedestrian pathways, that are between three feet in width and 15 feet in width, or when an application is made for a building permit for construction work that:

            (1)        increases the number of stories and increases the height of 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.

(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 and complies with Division 51A-10.100
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