In construing the provisions of this chapter the following definitions shall apply:

LANDSCAPING: Shall consist of any of the following or combinations 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. Preference should be given living landscape materials that are native, drought tolerant, or suitable for this climate. Landscape schemes should also focus on conserving irrigation water by judicious use of mixes of appropriate living and nonliving materials irrigated with an automated delivery system designed to maximize the benefit of water without waste.

SHRUBS: Required by this chapter; shall be self-supporting, woody, evergreen species, as normally grown in Bannock County, Idaho.

TREES: Self-supporting wood plants of species which normally grow to an overall height of a minimum of fifteen feet (15') in Bannock County, Idaho. (Ord. 653 §2, 2007)

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 landscaping requirements hereinafter provided, save and except areas used for parking or other vehicular uses within buildings, and parking areas serving single household dwellings and duplexes.

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

   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. All landscaped areas, except those utilizing nonliving durable material, shall be provided with a readily available water supply with an automated water conserving (or water efficient) delivery system designed to maximize the benefit of water without waste. All dead trees and shrubs shall be removed and replaced no later than June 30 of the following growing season.

   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: Trees shall be species having an average mature spread of crown of greater than fifteen feet (15'). Trees shall be not 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 which may cause damage to public roadways or sidewalks or which is regarded as a “trash” tree or plant shall be planted. A list of accepted tree, shrub, and ground cover species shall be maintained by the Community Services Director for review by the public. Any other tree, shrub or ground cover species may be planted only upon prior approval from the Community Services Director.

      3.   Hedges: Shrubs composing hedges shall be 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 time of 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 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 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 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 one hundred (100) square feet with a dimension of at least ten feet (10') on each side. 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 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.

      3.   Necessary accessways from the public right of way through all such landscaping shall be permitted to service 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.

      4.   If landscaping is required under this section, the owner, in addition to the landscaping required by the above provisions, shall landscape any areas within the street right of way that is contiguous with owner’s property line and not covered by pavement, curb, gutter, sidewalk or other such improvements that cover the soil in such a way that planting is not feasible.

   E.   Parking Area Interior Landscaping: Off street parking areas and other vehicular use areas shall have interior landscaping covering at least five percent (5%) of the total parking lot area for lots with ten (10) or more parking spaces. In addition, other vehicle use areas shall have one square foot of interior landscaping for each one hundred (100) square feet of paved area. Where the property contains both parking areas and other vehicle use areas, the two (2) types of areas shall be treated separately for the purpose of determining the required amount of landscaping. Each separate landscaped 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 material 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 or design review clearance and compliance with this chapter shall be a condition to the issuance of such a 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'); provided, 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 fifteen feet (15') in length from the point of intersection of the edge of roadway and accessway 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 triangular area being forty feet (40') in length along the abutting public right of way lines, measured from their point of intersection of the edge of roadway, and the third side being a line connecting the ends of the other two (2) lines. (Ord. 755, 2016; amd. Ord. 845, 2022; Ord. 846 § 6, 2022)

The design review committee, 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 adjustment of 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 design review committee may approve, modify or deny the requested adjustment, but shall approve or modify only if it determines that approval of any adjustment would not 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 impracticable and would result in unreasonable and unnecessary hardship. The design review committee shall act as expeditiously as possible on the application, and shall state its decision in the form of a short, concise statement of the action taken which shall be served on the applicant by mailing the same to him at the address indicated on the application.

Within ten (10) days after service of the decision, but not thereafter, any decision of the design review committee may be appealed by the applicant to the city council; otherwise it shall become final. The applicant shall be notified of the time and place the appeal will be heard by the city council. The city council may affirm, modify or reverse the decision of the design review committee subject to the criteria and standards of this chapter. (Ord. 290 §2, 1987)

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. (Ord. 366 §3, 1992)

When trees along a roadway or public right of way are removed, due to road construction, widening or realignment, these trees shall be replaced with the following ratio:

   A.   Each removed tree of six inch (6") diameter or greater shall be replaced with a minimum of one tree every fifty feet (50') of available planting space. Replacement trees shall be not less than one and one-half inches (11/2") in diameter.

   B.   A tree shall be planted no more than twenty feet (20') from the inside edge of the sidewalk or property line, or such other distance as may be approved by the city to accommodate utilities or other such items with which the trees might interfere, and a distance of fifty feet (50') between each tree shall be adhered to for frontage space in accordance with the existing city ordinances, unless grouped if allowed by city ordinance. The type or species of trees to be planted shall be approved by the city and on the city's list of trees approved by the city.

   C.   Cul-de-sacs or odd sized frontages of less than seventy five feet (75') will be evaluated on an individual basis in regard to placement of trees. A minimum of one tree centered in fifty feet (50') of frontage is required.

   D.   Modifications may be made in accordance with existing ordinances as applied by the design review committee in cooperation with the tree committee's recommendations. (Ord. 598 §2, 2005)