The purpose of these regulations is to guide and set a minimum standard for the general appearance and arrangement of commercial, industrial and residential uses in order to create attractive and dynamic business centers, assure the compatibility of satellite commercial and industrial areas with their surrounding neighborhoods, and assure the compatibility of dense residential land uses with surrounding neighborhoods. (2003 Code § 11-12-01)

The following words and phrases used in this chapter shall have the following meanings, unless a different meaning clearly appears from the context:

BUFFER YARDS: A landscape area that serves to physically and/or visually separate land uses having incompatible facilities, activities, or differing intensities of use.

ENVIRONMENTAL LANDSCAPING: The reduction of noise, glare, sun and air pollution through the introduction of landscaping.

IMPERVIOUS SURFACES: A surface that cannot be penetrated or affected by water, ice or combination of both, dry conditions, radiated heat or direct sunlight. (Typically concrete or asphalt paving.)

LANDSCAPING: Shall consist of the following or combination thereof: living material such as, but not limited to, grass, ground covers, shrubs, vines, hedges or trees and nonliving durable material limited to pea gravel, walls or fences, bark, decorative cinders and decorative rock. Nonliving durable material may be used only for accent in landscaping areas.

SHRUBS: Those required by this chapter shall be self-supporting, woody, evergreen species, as normally grown in Bingham County, Idaho.

TREES (CITY TREES/STREET TREES): Self-supporting wood plants of species that normally grow to an overall height of a minimum of fifteen feet (15') in Bingham County, Idaho.

XERISCAPE: Landscaping that requires little to no irrigation and includes drought-tolerant plants that can be native or non-native.

(2003 Code § 11-12-02; amd. Ord. 2278, 9-2-2026)

All areas used for the display or parking of any and all types of vehicles, boats or construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use of such property, hereinafter referred to as "other vehicle uses", including, but not limited to, activities of a drive-in nature such as filling stations, grocery and dairy stores, banks, restaurants, and the like, shall conform to the minimum landscape requirements hereinafter provided, save and except areas used for parking or other vehicular uses within buildings, and parking areas serving single-family dwellings and duplexes.

   A.   Installation: All landscaping shall be installed in a sound workmanship like manner and according to accepted planting procedures with the quality of the plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements. The building official, or representative, shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided.

      1.   Landscape Plan: A landscape plan must be submitted describing:

         a.   Boundaries and dimensions of site.

         b.   All existing trees identified by species.

         c.   Trees and other vegetation that is to be retained.

         d.   The location and design of areas to be landscaped.

         e.   The location, number and type of plant material by common name.

         f.   Type and design of proposed irrigation.

      2.   Natural Vegetation Or Earthen Berm As Substitute:

         a.   Existing vegetation that is retained, may be used to satisfy these regulations.

         b.   An earthen berm may be substituted for not more than three feet (3') of the required height of any screening fence, wall or environmental landscaping. Soil and slope stabilization must result after installation.

      3.   Retention Of Existing Trees: Existing trees shall be retained to the maximum extent possible. Where retention of trees located in the public right of way is not possible, replacement is required as established in sections 11-9-4, 11-9-5 and 11-9-9 of this chapter. Public or private trees retained to meet landscape requirements shall comply with subsections A4 and A5 of this section.

      4.   Damaged During Construction: Existing trees or shrubs that are retained to meet the requirements of this chapter shall be protected from damage to bark, branches or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced.

      5.   Grade Changes And Impervious Surfaces: Impervious surfaces and grade changes shall be allowed at a distance from the trunk equal to the diameter of the tree trunk plus two feet (2') and the installation of an automatically controlled drip irrigation system shall be required. (2003 Code § 11-12-03)

      6.   Prohibited Materials And Landscaping: No artificial trees, plants or carpeting shall be used as a vegetation substitute. (2003 Code § 11-12-03; amd. 2012 Code)

      7.   Amount Of Coverage: All landscaping areas shall be planted so as to achieve seventy five percent (75%) coverage of the area within three (3) years. If this amount of coverage is not achieved, the area shall be planted immediately or as soon as the planting season permits.

      8.   Completion Time: The planning department may authorize a delay in the completion of planting during the months of October, November, December, January, February and March. Should a delay occur, a bond equal to one hundred fifty percent (150%) of the costs of landscaping will be provided by the owner/developer and held by the city until said landscaping is complete. No final certificate of occupancy shall be issued until the required landscaping is complete. (2003 Code § 11-12-03)

   B.   Maintenance: The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in good condition so as to present a live, healthy, neat and orderly appearance and shall be kept free from weeds, refuse and debris. Landscaped areas, except those utilizing nonliving durable material, shall be provided with a readily available water supply with a sprinkler irrigation system. All dead trees and shrubs shall be removed and replaced no later than June 30 of the following growing season. These areas of landscaping must be maintained to the standards described in city minimum maintenance ordinance and adopted fire code. (2003 Code § 11-12-03; amd. 2012 Code)

   C.   Plant Material:

      1.   Quality: Plant material used to obtain compliance with this chapter shall be of a high quality equivalent to that provided by local reputable nurseries.

      2.   Trees: Shall be species having an average mature spread of crown of greater than fifteen feet (15'). Trees shall not be less than one to one and one-half inch (11/2") caliper size at time of planting; provided all trees must be planted and staked, if necessary, according to professional nursery standards. No tree or plant that may cause damage to public roadways or sidewalks or that is regarded as a "trash" tree or plant shall be planted. A list of acceptable trees, shrubs and ground cover species shall be maintained by the building official for review by the public. Any other tree, shrub or ground cover species may be planted only upon prior approval from the building official.

      3.   Hedges: Hedges shall be composed of shrubs of a minimum of two feet (2') in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of three (3) years after planting.

      4.   Shrubs: Shrubs shall be not less than a three (3) gallon size when planted.

   D.   Required Landscaping Adjacent To Public Rights Of Way: On the site of a building or open lot 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 landscaping provided between such area and such right of way as follows:

      1.   A strip of land at least ten feet (10') in depth located between the abutting right of way and the off street parking area, other vehicular use area or structure and that which is exposed to an abutting right of way shall be landscaped, such landscaping to include one tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and the off street parking area, other vehicular use area or structure and shall be planted in a planting area of at least twenty five (25) square feet with a dimension of at least ten feet (10'). The required landscaping shall also include a hedge or a planting of at least one shrub for each five (5) linear feet of the landscaped area. The remainder of the required landscaped area shall be landscaped with grass, ground cover or other landscaping treatment, excluding pavement.

      2.   All property other than the required landscaped strip lying between the right of way and the off street parking area or other vehicular use area shall be landscaped with at least grass of other ground cover.

      3.   Necessary accessways from public right of way through all such landscaping shall be permitted to serve the parking or other vehicular use areas and such accessways may be subtracted from the linear dimension used to determine the number of trees and shrubs required.

   E.   Parking Area Interior Landscaping: Off street parking areas and other vehicular use area shall have interior landscaping covering at least eight percent (8%) of the total parking lot area for lots with ten (10) or more parking spaces. In addition, other vehicular use areas shall have two (2) square feet of interior landscaping for each one hundred (100) square feet of paved area. Where the property contains both parking area and other vehicular use areas, the two (2) types of areas shall be treated separately for the purpose of determining the required amount of landscaping. Each separate landscape area shall contain a minimum of fifty (50) square feet and shall have a minimum dimension of at least five feet (5'). The landscaped areas may be located so as to break up the expanse of paving or may be located adjacent to any structures located on the property. One tree shall be planted for every two hundred (200) square feet of interior landscaping. All remaining land in the area designated for landscaping shall be covered by shrubs, ground cover or other authorized landscaping materials not to exceed three feet (3') in height. Plans showing location, size and type of plant materials for landscaping in parking areas shall be included in all applications for a building permit and compliance with this chapter shall be a condition to the issuance of such permit or clearance.

   F.   Sight Distance For Landscaping Adjacent To Public Rights Of Way And Points Of Access: When an accessway intersects a public right of way or when the subject property abuts the intersection of two (2) or more public rights of way, all landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between three feet (3') and ten feet (10'); however, trees or foliage extending into the cross visibility area shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet (3') from the edge of any accessway pavement. The triangular areas above referred to are:

      1.   The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right of way line, with two (2) sides of each triangle being ten feet (10') in length from the point of intersection 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 with two (2) sides of the triangle area being forty feet (40') in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines.

      3.   When the city determines upon the basis of an existing traffic investigation that such a traffic hazard exists, the city shall notify the owner and order that the hazard be removed within fifteen (15) days. (2003 Code § 11-12-03)

A list of the official public tree species for the city shall be established by resolution of the city council. No species other than those included in the list may be planted as a public tree without prior approval of the planning and zoning commission, which approval will be based upon recommendations from the city tree committee. (2003 Code § 11-12-04)

   A.   The spacing of public trees located in the street right of way area shall be in accordance with the three (3) species size classes as established by resolution of the city council. No trees except trees planted in special planting areas designated or approved by the planning and zoning commission shall be planted closer together than the following:

      1.   Small trees: Twenty feet (20').

      2.   Medium trees: Thirty feet (30').

      3.   Large trees: Forty feet (40').

   B.   Street (public) trees required by subsections 11-9-3D and E of this chapter shall be placed on the abutting right of way along the entire street frontage of the development no farther apart than the following, except as otherwise prohibited by this chapter:

      1.   Small trees: Thirty feet (30').

      2.   Medium trees: Forty feet (40').

      3.   Large trees: Fifty feet (50'). (2003 Code § 11-12-05)

   A.   Distance From Curb And Sidewalk:

      1.   The distance trees may be planted from curbs and sidewalks shall be in accordance with the three (3) species size classes established by resolution of the city council, and no trees other than the exceptions listed in subsections A2 and A3 of this section may be planted closer to any curb or sidewalk than the following:

         a.   Small trees: Two feet (2').

         b.   Medium trees: Four feet (4').

         c.   Large trees: Six feet (6').

      2.   Street (public) trees may be planted in the sidewalk right of way locations in areas of commercial zoning or use subject to the provisions outlined in sections 11-9-5 and 11-9-9 of this chapter.

      3.   The curb and sidewalk spacing requirements may be reduced by the building official when the developer or his agent agrees to install root control barriers between the proposed tree planting location and the adjacent curb and sidewalks.

   B.   Distance From Streetlights: The distance trees may be planted from streetlights shall be in accordance with the three (3) species size classes established by resolution, and no tree may be planted closer to any streetlight than the following:

      1.   Small trees: Fifteen feet (15').

      2.   Medium trees: Twenty five feet (25').

      3.   Large trees: Thirty five feet (35').

   C.   Distance From Utilities: No street (public) trees, other than those species listed as "small trees" as established by resolution, shall be planted under or within ten (10) lateral feet of any primary power overhead line. (2003 Code § 11-12-06)

In those cases where the developer/agent pursuant to other sections of this code, is permitted to defer improvements such as sidewalks, curbs and/or paving, the developer/agent may also defer the installation of street trees, or pay a fee in lieu thereof in an amount equal to the reasonable value of the tree as determined by the city. In those cases where a fee is paid, the city shall place the fee in a designated fund for the purposes set forth in this chapter for the maintenance and acquisition of street trees. This section shall not apply in those cases where location of the street trees can be identified in the immediate future. (2003 Code § 11-12-07)

   A.   Prohibited Acts And Activities: It shall be unlawful for any person to:

      1.   Store oil, gasoline, chemicals and other materials that might be harmful to the trees near public trees and shrubs.

      2.   Attach wires, signs and power sources to the trees, unless otherwise authorized by the building official.

      3.   Dump paint thinner, paint, plaster or other toxic wastes, liquid or solid, on the ground between the base of the tree and the point at which the longest branch terminates, or uphill from any tree where the substance might reach the roots through the leaching process.

      4.   Expose portions of trees in frequent contact with construction equipment, unless protected by the owner/developer or contractor as directed by the city.

      5.   Make cuts in the ground near roots of trees, unless appropriate measures are taken to prevent exposed soil from drying out and causing damage to tree roots.

      6.   Damage roots located on public property by excessive compacting or filling on or around the base of a tree.

   B.   Root Barriers Required:

      1.   Root barriers shall be required in the following cases:

         a.   The installation of curbs, sidewalk or streets less than two feet (2') from an existing tree.

         b.   During repair of a curb, sidewalk or street that has been damaged or upheaved by roots of a tree or shrub, when such tree or shrub is not removed.

      2.   Root barriers shall be installed as specified by nursery professionals. If the installation of root barriers involves the removal of roots larger than two inches (2") in diameter, recommendations from nursery professionals will be required. (2003 Code § 11-12-08)

   A.   Removal: Any public tree removal due to local improvement districts (LIDs) shall be reviewed by the planning and zoning commission. The commission shall take the recommendations of the public works director into account in making tree removal decisions.

   B.   Assessments: Assessments for local improvement districts shall include an assessment for the cost of tree removal and replacement. (2003 Code § 11-12-09)

All trees planted in the public right of way in commercial zoning districts shall meet the following restrictions:

   A.   Trees must be planted below finish grade level in accordance with standards by the National Arborist Association.

   B.   A minimum width of six feet (6') of clear sidewalk must be provided as measured from the top edge of the building to the proposed tree trunk location.

   C.   Noncolumnar trees selected for planting shall be of sufficient height to allow for a minimum seven feet (7') of clearance measured from finish grade level of sidewalk to the lowest branch.

   D.   All trees selected for planting in commercial districts must be approved by the building official. The building official shall base approval or denial on the following criteria:

      1.   Trees shall be of a species appropriate to existing conditions at the planting site;

      2.   The species selected for planting in a commercial zone does not comprise more than fifty percent (50%) of the existing species mix in these districts;

      3.   The tree material is healthy.

   E.   A root control planter shall be required when the proposed tree location contains less than one hundred (100) square feet of pervious surface material surrounding the tree.

   F.   In all proposed public tree locations surrounded by less than one hundred (100) square feet of pervious surface material, the owner/developer shall be required to provide an adequate irrigation system.

   G.   Public tree planting specifications for rights of way in commercial zoning districts shall be as specified in this chapter. (2003 Code § 11-12-09.1)

The building department, upon receipt of an application for adjustment of landscaping requirements provided herein, shall have the authority and duty to consider and act upon such application. The applicant shall, in the application, clearly and in detail, state what adjustments of the requirements are being requested and the reasons such adjustments are warranted, and shall accompany the application with such supplementary data, such as sketches, surveys and statistical information as is deemed necessary to substantiate the adjustment. The building department may approve, modify or deny the requested adjustment, but shall approve or modify only if it determines that approval of any adjustment would be contrary to the public interest and would be in keeping with and would preserve the intent of this chapter, and that literal enforcement of the above standards would be impractical and would result in unreasonable and unnecessary hardship. The building department shall act as expeditiously as possible on the application, and shall state its decision in the form of a short, concise statement of action taken that shall be served on the applicant by mailing the same to him at the address on the application. (2003 Code § 11-12-10)

The provisions of this chapter shall be subject to other applicable regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of this chapter. (2003 Code § 11-12-11)

The building official may reduce the parking requirements by up to five percent (5%) of the required number of spaces if the proposed landscaping plan incorporates the retention of significant trees, particularly in the interior of the site, or if the proposed landscaping exceeds the requirements of this chapter by fifteen percent (15%) or more. The public works director may reduce technical standards of the parking lot design where paving requirements conflict with the retention of significant trees. (2003 Code § 11-12-11.1)

No owner/developer shall permit a public nuisance to exist, as herein defined, and found to exist by the building official or representative. (2003 Code § 11-12-12)

   A.   Public Nuisances Designated: All trees defaced, broken, dangerous or diseased, or that part of the tree that constitutes a hazard, or part of the roots of any tree or shrub that interferes with or causes the surface of the street, curb or sidewalk in public right of way to be upheaved or otherwise disturbed, or any tree or shrub that has an infestation of pests, insects, or the eggs or larvae that may spread or the continued existence thereof constitute a serious hazard, or any tree or shrub or part thereof, whether public or private that overhang a public right of way or are growing thereon in such a manner as to obstruct or impair the free and full use of the right of way, or that constitute a sight hazard, as defined in subsection 11-9-3F of this chapter, are declared to be a public nuisance.

   B.   Abatement Of Nuisance: If it is determined by the building official or representative that a public nuisance exists, as defined in this chapter, the building official shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice To Abate Nuisance", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same, shall direct the abatement of the nuisance, shall specify the penalty and the appeal process as provided in this chapter. (2003 Code § 11-12-12)

   A.   Service Of Notice: The notice required by subsection 11-9-14B of this chapter may be served in the following manner:

      1.   By personal service on the owner/developer of said premises; and/or

      2.   By registered mail to the owner/developer of said premises;

      3.   If said owner/developer does not live within the city limits or surrounding area, by registered mail to the owner/developer at the address on the last available assessment roll or as otherwise known, and by personal service on the account of the property if such person can be identified; or

      4.   Should the owner/developer not be known and have an available address, by posting of such notice at a conspicuous place on the land or abutting right of way, and insertion of an advertisement at least once a week for a period of two (2) weeks in a newspaper of general circulation in the city, and by personal service on the occupant of the property if such person can be identified. Said newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of such posting. The date of such newspaper advertisement shall not be considered in computing the appeal periods provided by this chapter.

   B.   Appeal: Within ten (10) days from date of posting, mailing or personal service of the required notice or area affected, the owner/developer may appeal to the planning and zoning commission. Such appeal shall be in writing and filed with the planning and zoning secretary. At the next regular meeting of the planning and zoning commission, the planning and zoning commission shall proceed to hear and pass upon such appeal. That decision can be appealed to the city council in writing and filed with the city clerk within five (5) days. The city council shall hear and make final decision on that appeal. The decision shall therein be final and conclusive. (2003 Code § 11-12-13)

It shall be the duty of the owner/developer of any lot, place or area in the city that has been declared a public nuisance, within ten (10) days from the date of notification, or in case of an appeal to the planning and zoning commission, within ten (10) days from the determination thereof unless the same is sustained, to remove the public nuisance as required.

   A.   Failure To Abate; Legal Action: Upon the failure, neglect or refusal of any owner/developer so notified to remove the public nuisance within the time specified in this section, the building official or representative as provided in this chapter shall notify the city attorney in writing of the last known legal owner and property description and general terms, and the city attorney shall cause legal action to be undertaken.

   B.   Abatement At City Cost: At the city council's direction, upon failure, neglect or refusal of any owner so notified to remove a public nuisance, as herein defined, within the time specified in this section, the building official or representative shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the city council, who shall cause the same to be paid and levy a special assessment against the property. (2003 Code § 11-12-14)

The building official or representative shall be charged with the enforcement of this chapter. (2003 Code § 11-12-15)

An appeal from an administrative determination or interpretation made by the building official or planning and zoning commission under this chapter, may be made by the applicant within ten (10) days after written notice of decision has been mailed to the applicant. The appeal shall be in writing and filed with the city clerk, who shall place the matter before the next city council meeting. The city council may approve, refer back to the building official and planning and zoning commission, or deny the request. The decision shall be made within fifteen (15) days of the meeting, and written determination shall be mailed to the applicant at the address on the application. (2003 Code § 11-12-15.1)