The Landscaping and Screening Standards are designed to improve the appearance and design quality of the City of Gillette, encourage a more attractive environment along city streets, improve the city’s quality of life, buffer potentially incompatible land uses from one another, improve the functionality and quality of site planning, improve storm water management, and increase the value of properties within the city. The Landscape and Screening provisions are further intended to expedite development approval by including predictable, uniform standards for landscaping that apply equitably to all developments and to provide for effective administration and enforcement, assuring that landscaping is properly installed and maintained. The Landscape and Screening provisions are also intended to support water conservation throughout the City through the use of xeriscape techniques and methods.

Effective on: 1/1/1901

The provisions of this section shall apply to all new development within the R-1, R-2, R-3, R-4, MH, C-O, C-P, C-1, C-2, C-3, I-1, and I-2 districts on each lot or site upon application for a building permit, except for the following:

1. One or two-family residential development.
2. Reconstruction or replacement of a lawfully existing use or structure following a casualty loss.
3. Remodeling, rehabilitation, or improvements to existing uses or structures that does not substantially change the location of structures, parking, or other site improvements.
4. Additions or enlargements to existing uses or structures that increase gross floor area or impervious coverage area by less than 20 percent established on the site on the effective date of this Ordinance. Where such cumulative additions or enlargements are between 20 and 50 percent, the required landscaped area shall be the corresponding percentage of the landscaped area that would otherwise be required for the development. For example, if the development adds 40% to either the gross floor area of the building or the impervious coverage area of the site, the required landscaped area shall be 40% of the landscaped area otherwise required for the development. This landscaped area shall be applied to the Street Landscape Border and the Streetyard. Where such cumulative additions are 50 percent or greater, no exceptions are allowed.

Effective on: 1/1/1901

The following definitions apply to terms used frequently in this ordinance.

All applications for building permits covered by this Ordinance must submit a Landscape Plan that must be approved through the appropriate process before the development may proceed. The Landscape Plan is kept on file by the Public Works Department, and becomes part of the permanent record for the site. Certificates of Occupancy will not be issued, nor will the building be occupied, until the landscaping on the site complies with the Landscape Plan. The Community Development Director may approve a deferral of installation of some or all of the landscaping because of timing of project completion, provided that financial security is provided that assures installation of landscaping and screening, as set forth in Section 14d(3).

1. Application Type, Review and Approval

Table 14.1 shows the type of landscape plan application, the review process and the approval process.

2. Landscape Plan Submittal Requirements

The Landscape Plan submitted for review is not necessarily a construction document, but must contain information complete enough to demonstrate the design of landscaping and associated features, and to provide a document detailed enough to be enforceable. The plan shall contain the following information at a minimum:

1. 1. Drawings at a scale no smaller than 1 inch = 50 feet. Drawings shall include north arrows, scale, street address, street names, and the name and address of the person or firm preparing the plan.
   2. Calculations of the entire site area, the area required for landscaping by this ordinance, including Street Landscape Borders, streetyards, public right-of-way, bufferyards, and perimeter and interior parking lot landscaping; and the required quantities of trees, shrubs, ground cover, and other materials required within these landscaped areas. The Landscape Calculations Table and Worksheet shall be obtained and filled out by the applicant and returned as part of the Landscape Plan submittal.
   3. Overall site plan, indicating location of major site features, structures, parking, site circulation, public streets and rights-of-way, pedestrian circulation, site amenities, and other features.
   4. Existing landscaped areas, including plant materials, location, size, species, and condition, and indication whether existing materials will remain or be removed.
   5. Planting plan, including location of all materials, size, and scientific and common name of each plant material. The planting plan includes the location and type of all ground covers, including non-living materials, and all other landscape features and structures.
   6. Location and design of all screening elements required by this ordinance.
   7. Grading plan showing berms, landforms, and stormwater management facilities, with contours shown at no less than two-foot intervals.
   8. A maintenance obligation statement, signed by the owner, defining responsibility for ongoing maintenance of specific areas, including public rights-of-way, private on-site improvements, and stormwater management facilities. The Maintenance Obligation Statement shall be provided to the Public Works Department at the time that the Landscape Plan is submitted.
   9. A development obligation statement that establishes the responsibility of the developer or owner to install landscaping and irrigation according to these regulations. The Development Obligation Statement shall be provided to the Public Works Department at the time of Landscape Plan submittal.

3. Financial Security: Installation

All landscaping shown on the approved Landscape Plan shall be installed prior to the issuance of a Certificate of Occupancy. The Community Development Director or their designee may issue a provisional Certificate of Occupancy, permitting occupancy of the building prior to complete installation of landscaping, subject to all of the following provisions:

1. 1. The installation fully complies with the Landscape Plan within twelve months of the effective date of the Certificate of Occupancy.
   2. The developer or owner submits surety by performance bond, certificate of deposit, letter of credit, or other security approved in writing by the City Attorney satisfactory to the City in the amount of 150% of the value of a bona fide contract to install the landscaping and screening. Such contract shall be submitted to the City along with the surety at the time of application for the Certificate of Occupancy, and shall be reviewed and approved by the Community Development Director or their designee. If the developer or contractor is not responsible for the installation of required landscaping, the owner shall provide the necessary surety and the provisional Certificate of Occupancy shall be given in the name of the owner.
   3. The developer or owner shall grant the City express written permission to enter upon the site to cause the installation of required landscaping and screening if this has not been completed within twelve months of the effective date of the Certificate of Occupancy.

4. Financial Security: Maintenance
   1. The owner of any development that requires approval of a Landscape Plan shall submit surety by performance bond, certificate of deposit, letter of credit, or other security approved in writing by the City Attorney satisfactory to the City in the amount of 100% of the value of a bona fide contract to purchase and replace all the living plant materials required for landscaping. Such contract shall be submitted to the City along with the financial security at the time of application for the Certificate of Occupancy, and shall be reviewed and approved by the Community Development Director or their designee.
   2. The financial security shall remain in force for a period of 36 months from the date of completion of the landscape installation by the owner. The financial security shall be released if, at the end of 36 months, the City finds that all required landscaping is properly installed, maintained, and living.
   3. The owner shall grant the City express written permission to enter upon the site to cause the installation, replacement, or maintenance of any required landscaping or screening that has not properly been installed or maintained by the owner during the effective period of the financial security; and shall use the proceeds of the financial security to pay for such installation, replacement, or maintenance.

Effective on: 1/1/1901

1. Official List of Recommended and Prohibited Plant Materials

Plantings shall be used in any required landscaped areas consistent with the latest revision of Trees and Shrubs of Gillette & Campbell County, provided through the Public Works Department.

2. Use of Non-Living Landscaping Materials
   1. No artificial trees, shrubs, plants or turf shall be used for landscaping.
   2. At least 50% of the area required for landscaping shall have a canopy cover of living plant material appropriate for xeriscape application. Xeriscape applications shall be designed to cover no less than 50% of the canopy cover with living materials within five years of installation. Living materials in xeriscape areas may include ground covers, shrubs, the spread of evergreens, or the crowns of deciduous trees. Non-living materials, such as stone, river rock, bark, wood chips, decorative pavers, and other materials may be used for the remainder of the area. Other concrete and/or asphalt pavement surfaces shall not be used within the minimum required landscaped area, except for driveways and walkways that provide access to parking areas or to building entrances.
   3. Scoria or limestone gravel shall not be permitted within any required landscape area.
   4. Loose rock or other loose non-living materials shall not be permitted within any required landscape area unless they are contained in such a way as to prevent their encroachment into parking areas, driveways, sidewalks, streets, or trails.

Effective on: 1/1/1901

Landscaping shall be required on private property adjacent to each public street right of way/property line and shall extend to a minimum depth inward on private property as summarized in Table 14.2, except as otherwise provided.

1. Street Landscape Border refers to the depth of landscaping required along the edge of a private property adjacent to the public right-of-way.
2. If the building is more than 100 feet back from the public street right of way/property line, then the minimum streetyard area to be landscaped is calculated using the first 100 feet of the streetyard.

The accompanying illustrations describe the location of these streetyards for various contexts. (See Exhibit 14-1 through 14-10).

3. When streetyard landscaping is existing, it will be considered in the overall requirements of this ordinance. Each property will be evaluated on a case by case basis. When the landscaping exists on the public right of way, an owner may request a reduction in the amount of landscaping on private property and pay a fee-in-lieu.

Effective on: 1/1/1901

These provisions apply to areas located in the public right of way between the back of the curb or edge of the pavement and the property line along streets designated as arterials or collectors in the City’s Comprehensive Plan.

1. The adjacent private property owner is responsible for landscaping and maintaining the public right of way from the back of curb to the property line, unless maintenance responsibilities are undertaken by the City of Gillette or the State of Wyoming.
2. Landscaping of public rights-of-way will be consistent with all standards and regulations for materials and installation contained in this ordinance.
3. Irrigated grass or ground covers will be the primary ground cover in public right-of-way areas. The same grass or ground cover treatment shall be used in adjacent public rights-of-way and Street Landscape Border areas addressed in this section.
4. Up to 50% of the average depth of landscaped areas within public rights-of-way between the inside edge of the sidewalk or trail and the property line may be credited toward satisfaction of the required minimum depth for the Street Landscape Border, provided that:
   1. The depth of the Street Landscape Border on private property is no less than 50% of the minimum depth required by Table 14.2.
   2. The area of public right-of-way credited toward satisfaction of Street Landscape Border requirements is landscaped in accordance with the requirements for the Street Landscape Border, set forth in Section 14(g)(1). These requirements are in addition to plantings otherwise required for public rights-of-way by Section 14(k)(3).
   3. This credit shall not permit a reduction in the total amount of streetyard landscaping required in Table 14.2.

Effective on: 1/1/1901

1. These provisions apply when a use is established in a more intensive zoning district (District A) which is adjacent to a less intensive zoning district (District B). The owner of the use within District A shall install and maintain a landscaped bufferyard on his/her lot or site, as set forth in this section. Bufferyard requirements apply only to those districts indicated in Table 14.3. Bufferyards are not required of any single-family, 2-family, duplex, or townhouse development, regardless of the zoning district in which it is located.
2. The bufferyard dimensions set forth in Table 14.3 apply to zoning districts which share a common lot line or are adjacent but separated by an intervening alley.

3. When an alley separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Table 14.3.
4. Each required bufferyard must be entirely landscaped in accordance with the provisions of Section 14e, and otherwise free of paved areas, access ways, storage, or other disturbances.

Effective on: 1/1/1901

1. Application

Screening is required, in addition to the Bufferyard landscaping requirements, between adjacent zoning districts indicated in Table 14.3 when one or more of the following conditions in the more intensive zoning district is directly visible from and faces either the boundary of the less intensive zoning district or a public street:

1. 1. Outdoor storage areas or storage tanks,
   2. Loading docks, refuse or trash collection points or dumpsters, and other service areas.
   3. Major machinery or areas housing a manufacturing process.
   4. Major on-site traffic circulation areas or truck and/or trailer parking.
   5. Sources of glare, noise, or other environmental effects.
   6. Bailing or stockpiling of cardboard or other shipping or packaging materials.

2. Screen Design

A screen of at least six feet in height, including walls, fences, berming, or landscaping shall be provided that prevents direct visibility of the conditions listed above from less intensive uses or public streets. The screen may include the following:

1. 1. A wood, brick, stone, concrete masonry, PVC, stucco, or concrete fence or wall at least six feet in height, with a minimum opacity of 75%. Chain link fencing or chain link fencing with slats are not acceptable for purposes of screening.
   2. A vegetative screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet within four years of planting.
   3. An alternative vegetative screen that provides two overstory deciduous trees and four evergreen trees per 100 linear feet of property line.
   4. A landscaped earth berm with a maximum slope of three to one, which, if used alone, rises to no less than six feet above the existing grade of the lot line separating the zoning districts.
   5. Any combination of these methods that achieves a cumulative height of six feet.

3. Screening shall not adversely affect surface water drainage.
4. The finished side of any fence or wall providing screening shall always be oriented toward the public street or adjacent property.
5. As part of an approved landscaping plan, the Community Development Director his/her designee, the Parks Board, or the Planning Commission may credit continuous screening along the common property line toward the reduction of the Bufferyard Requirements established in Section 14h. The maximum reduction shall be 50% of the depth of the required bufferyard.
6. Screening may be interrupted to provide access drives to service areas or for loading purposes to buildings. Such breaks or interruptions shall not exceed 20% of the length of the required screened area.

Effective on: 1/1/1901

Landscape and Screening Requirements

Unless otherwise noted, each parking facility shall comply with the following regulations:

1. Each parking lot shall provide a minimum landscaped buffer of ten feet along any street property line.
2. Each parking structure shall be considered a structure and subject to the setback and landscaping requirements for its respective zoning district.
3. Each parking facility that abuts a residential district without an intervening street or alley shall provide a ten foot landscaped buffer along its common property line with the residential district.
4. Any parking facility which abuts property in a residential district shall provide a fence, wall, landscape screen, or earth berm not less than six feet in height, but otherwise compliant with the provisions of Section 14.i, for the length of the common boundary. A grade change, terrace, or other site or design feature which blocks the sight line of headlights into a residential property may satisfy this requirement, subject to the determination of the Community Development Director or their designee.
5. Each unenclosed parking facility of over 6,000 square feet shall provide interior landscaped area which totals no less than 5 percent of the total paved area of the parking facility. No more than 40 spaces may be provided in a single row of parking without an intervening landscape bed or island. Landscape beds may also be used to define pedestrian or vehicular traffic flows within the lot. The minimum size of an individual landscape bed or landscaped island shall be 8 feet by 17 feet, or 150 total square feet. Parking facilities within the I-1 and I-2 Districts shall be exempt from any interior landscaping requirement. Licensed automobile dealerships are not considered to be unenclosed parking facilities for the purposes of this ordinance, and therefore do not require interior landscaping as set forth in this section.
6. Interior landscaping shall be credited toward the satisfaction of overall landscaping requirements set forth in this section.

Effective on: 1/1/1901

This section establishes the minimum number of trees and shrubs required in each of the landscape situations set forth by this ordinance.

1. Street Landscape Border (Table 14.2): One deciduous tree and five shrubs; one deciduous tree and one evergreen tree; or 1.5 deciduous trees for each 500 square feet of required area.
2. First 100 feet of Streetyard Landscaping (Table 14.2): One deciduous tree and five shrubs; one deciduous tree and one evergreen tree; or two deciduous trees for each 1,000 square feet of required area. All landscaping within the Street Landscape Border shall be credited toward satisfying this requirement.
3. Public Arterial and Collector Rights-of-Way: One tree for every 50 linear feet of right-of-way. At least 50% of all trees planted shall be deciduous trees.
4. Bufferyard Landscape Border (Table 14.3): One deciduous tree and two evergreen trees for each 1,000 square feet of required area. Vegetative screens shall be credited toward satisfaction of this requirement.
5. Parking Lot Peripheral and Bufferyard Landscaping: One deciduous tree and five shrubs; one deciduous tree and one evergreen tree; or two deciduous trees for each 500 square feet of required area.
6. Parking Lot Interior Landscaping: One deciduous tree for each 20 parking spaces within the parking lot.

Effective on: 1/1/1901

1. All trees and shrubs planted in satisfaction of these regulations shall be healthy specimens of species recommended by the latest revision of Trees and Shrubs of Gillette & Campbell County. Landscaping shall be installed consistent with sound horticultural practice.
2. The size and characteristics of plant and other required landscaping materials at the time of installation shall be as follows:
   1. Deciduous trees: minimum of one and one half (1 ½) inch caliper measured six inches above the ground.
   2. Evergreen trees: minimum height of 5 feet.
   3. Evergreen and deciduous shrubs: minimum height of 12 inches.

Trees in excess of required quantities are not subject to these minimum size requirements.

Drought tolerant tree and shrub species are encouraged to be planted.

Effective on: 1/1/1901

1. Grasses and other living plants will be the primary ground covers in landscaped areas, except xeriscape areas. Sod planting and seeding are both acceptable. Sod or hydroturfing must be planted in public rights-of-way and Street Landscape Borders along streets designated as arterials or collectors in the City of Gillette’s comprehensive plan.
2. Drought-resistant grasses are encouraged in landscaped areas. Grasses shall be free of weeds and debris, and shall not present a fire hazard.
3. Ground covers other than grass may be used, but must provide complete coverage within two growing seasons. Vines and other plants that could present hazards shall not be planted adjacent to sidewalks, sidepaths and trails, or other pedestrian areas.
4. Mulches and other inorganic ground covers may be installed, provided that they do not comprise more than 50% of the required landscaped area, except in xeriscape applications. All such covers shall be installed to a minimum depth of three to four inches and shall be placed on soil, a water-permeable geo–textile fabric, or similarly performing base material. Solid sheet plastic shall not be used beneath mulch areas. Lightweight materials, including bark, wood chips and small aggregates, shall not be used in areas that are exposed to high winds.
5. Ground cover and vines shall be planted in a minimum 1-gallon container size, unless a higher quality can be produced by a smaller container size with tighter clustering of plantings.

Effective on: 1/1/1901

1. All plantings shall be maintained in a healthy and attractive manner by the property owner of record, the property owners’ agent or tenant, or other association or organization that has assumed responsibility for landscape maintenance. Maintenance shall include, but not be limited to, watering, weeding and weed control, fertilizing, cleaning, pruning, spraying and pest control, mowing, and trimming of materials, and replacement of dead materials to remain in conformance with this ordinance and the approved landscaping plan.
2. Dead plant materials shall be removed as soon as practical and replaced by materials that meet the requirements of the approved landscaping plan at the soonest appropriate planting period. Removal and replacement shall be completed in no longer than one growing season. Failure to do so shall be considered a violation of the Landscape Plan and shall be subject to the remedies set forth in Section 14.d.(4).
3. Non-living landscape materials used as ground cover that no longer cover the area in which they were originally deposited shall be replenished and maintained to achieve full coverage with a minimum depth of four inches.
4. Failure to replace dead landscape materials or to maintain required landscaping shall be considered a violation of approval of the landscaping or development plan, and shall be subject to penalties set forth under Section 5.e of the City of Gillette’s Zoning Ordinance.

Effective on: 1/1/1901

1. All required landscaped areas, including adjacent public rights-of-way covered under this ordinance, shall have an underground irrigation system. Xeriscape areas may use alternate methods, see Section p. Xeriscape.
2. Irrigation systems shall meet the following criteria:
   1. An automatic evapotranspiration controller shall activate the system, both spray and drip irrigation are acceptable.
   2. The system shall provide sufficient coverage to all required landscaped areas.
   3. The system shall minimize spray on impervious surfaces such as sidewalks, streets, parking areas, and trails.
   4. All systems shall be equipped with a city-approved backflow prevention device.
   5. Irrigation systems that use recycled water may be permitted.

Effective on: 1/1/1901

1. Xeriscape areas may use alternate forms of irrigation, if part of an approved xeriscape plan. Irrigation requirements for xeriscape areas are discussed in (4).(f) below.
2. Approved xeriscape areas may exceed the 50% limit on non-living landscape materials. To be credited toward satisfaction of city landscaping requirements, a xeriscape area must be designed to cover no less than 50% of its canopy cover with living materials within five years of installation. Living materials may include ground covers, shrubs, the spread of evergreens, or the crowns of deciduous trees.
3. Xeriscapes may be used within the Street Landscape Border only if they are separated from a landscaped public right-of-way by a sidewalk or bicycle path.
4. In approving an area as a xeriscape area, the city may apply all or some of the following criteria:
   1. Analysis of the site considering such factors as slopes, drainage, winds, and existing and proposed site improvements.
   2. Design quality of the installation and appropriateness to the site’s specific setting and proposed improvements.
   3. Use of appropriate techniques for soil improvement.
   4. Use of low water demand or drought resistant grasses and plant materials.
   5. Use of mulches and other ground covers that cover soil, save moisture, and reduce weed growth.
   6. Use of appropriate type of irrigation for each area of the landscape. Trees and shrubs in low water-use zones may require water only during periods of limited rainfall when they show signs of stress. For these plants, a temporary system such as a soaker hose or hand watering may be all that is required. On the other hand, medium and higher water-use zones require more frequent watering and may warrant a permanent drip system with automatic controls.
   7. Quality of the maintenance plan, including proper weeding, fertilization, pruning, mulch replacement, and watering.

Effective on: 1/1/1901

1. Sight Clearance Triangle (SCT): No landscaping or other materials that attain a height of more than three feet shall be planted within a sight clearance triangle (SCT). The SCT is defined in Section 15.qqq of this Zoning Ordinance.
2. Setbacks from Moving Lanes
   1. No trees or major landscaping should be established in area programmed for future widening or right-of-way acquisition by the City of Gillette’s adopted Transportation Plan, Comprehensive Plan, or Capital Improvements Program; or the Wyoming Department of Transportation’s Six Year Plan.
   2. No landscaping that attains a height over 36 inches shall be installed within six feet of a moving traffic lane.

Exhibit 14-1

Exhibit 14-2

Exhibit 14-3

Exhibit 14-4

Exhibit 14-5

Exhibit 14-6

Exhibit 14-7

Exhibit 14-8

Exhibit 14-9

Exhibit 14-10

Effective on: 1/1/1901

Berm: An undulation in terrain creating a landform that is higher than the surrounding grade, generally utilized for screening, wind protection, or aesthetic design purposes.

Effective on: 1/1/1901

Bufferyard: A landscaped area provided to separate and partially obstruct the view between two adjacent land uses or properties from one another.

Effective on: 1/1/1901

Deciduous tree: A tree that typically loses its leaves for part of the year.

Effective on: 1/1/1901

Evergreen: trees and shrubs that retain their foliage throughout the year.

Effective on: 1/1/1901

Landscaped area: That area within the boundaries of a given lot consisting primarily of plant materials, including but not limited to grasses, trees, shrubs, flowers, vines, ground covers, and other organic plant materials; or grass paver masonry units installed so that the appearance of the area is primarily landscaped. Certain non-living materials may be used within landscaped areas, but may not comprise more than 50% of the area of the required landscaped area, unless xeriscape techniques are being used.

Effective on: 1/1/1901

Minimum depth: The minimum required dimension extending from and typically perpendicular to a property line, extending into the private development site.

Effective on: 1/1/1901

Screening: A vertical construction, either vegetative or structural, that shields an area that has relatively high negative effects from the view of adjacent land uses or properties, or public property and rights-of-way.

Effective on: 1/1/1901

Stormwater management facilities: Facilities that contain runoff for temporary storage in major storm events. Detention facilities store water in a basin for a limited amount of time. Retention facilities store water in a basin for extended periods.

Effective on: 1/1/1901

Streetyard: The area of a lot or parcel that lies between any public street right of way/property line and the fronting walls of buildings on the parcel oriented to that street. The streetyard follows all irregularities, indentations, or articulations in the front wall of the building, excluding minor projections or indentations such as steps. For the purposes of defining the area of the streetyard, the front wall is extended from the outer corners of the building parallel with the fronting street, until intersecting the side property line. On lots with multiple buildings, the streetyard area is defined by all building front walls having direct, visual frontage to the street.

Effective on: 1/1/1901

Tree: A woody plant having at least one well-defined trunk or stem and a more or less definitely formed crown, usually attaining a mature height of no less than eight feet.

Effective on: 1/1/1901

Xeriscape: A landscape design technique that minimizes water consumption by using some or all of the following techniques: using low water demand plants; grouping plants by water demand or specific cultural characteristics; reducing turf areas or using turf materials that have low water demand; using mulches to cover soil and save moisture; using efficient irrigation layouts that zone plants that have specific watering needs; minimizing evaporation of water; and performing regular maintenance to maintain water conserving characteristics. This ordinance encourages the use of xeriscape techniques and methods in order to conserve water throughout the City.

Effective on: 1/1/1901