HomeMy WebLinkAbout0290 Landscaping Municipal Code 1987CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 290
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A
NEW CHAPTER 18.14 OF THE CHUBBUCK MUNICIPAL CODE TO
PROVIDE FOR LANDSCAPING REQUIREMENTS FOR ALL SET-BACK
AND YARD AREAS AND OFF-STREET VEHICULAR PARKING AND
OPEN-LOT SALES AND SERVICE AREAS; AMENDING SECTION
18.16.040 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE THAT
THE DESIGN REVIEW PROVIDED FOR IN THAT SECTION SHALL
INCLUDE REVIEW OF LANDSCAPING PLANS AND VERIFICATION OF
COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER 18.14;
REPEALING PRIOR CONFLICTING ORDINANCES; AND PROVIDING
WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
SECTION 1: Purpose. The purpose of this ordinance is to
improve the appearance of certain set-back and yard areas and
including off-street vehicular parking and open-lot sales and
service areas in the City of Chubbuck and to protect and preserve
the appearance, character and value of the surrounding
neighborhoods and thereby promote the general welfare by providing
for the installation and maintenance of landscaping for screening
and aesthetic qualities, since the City Council finds that the
particular needs of the the City of Chubbuck justify regulations
to develop the City's aesthetic appeal on a city-wide basis.
SECTION 2: Landscaping Requirements. Title 18 of the
Chubbuck Municipal Code is hereby amended by enacting a new
Chapter 18.14, to read as follows:
Chapter 18.14
LANDSCAPING
Section 18.14.010. Definitions. In construing the
provisions of this Chapter the following definitions shall
apply:
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A. Landscaping -- 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 non-living durable material limited to
pea gravel, walls or fences, bark, decorative cinders, and
decorative rock. Non-living durable material may be used
only for accent in landscaping areas.
B. Trees -- Trees shall be defined as self-supporting
wood plants of species which normally grow to an overall
height of a minimum of fifteen (15) feet in Bannock County,
Idaho.
C. Shrubs -- Shrubs required by this Chapter shall be
self-supporting, woody, evergreen species, as normally grown
in Bannock County, Idaho.
Section 18.14.020. Landscaping Requirements for Certain
Yard Areas and Off-Street Parking and Other Vehicular Use
Areas. 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 -- Ail 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 City Building Official, or his
representative 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 their agent,
if any, shall be jointly and severally responsible for the
maintenance of all landscaping which shall be maintained in
good condition so as to present a healthy, neat and orderly
appearance and shall be kept free from refuse and debris.
All landscaped areas shall be provided with a readily
available water supply with at least one hydrant located
within 50 feet of all plant material to be maintained.
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C. Plant Material --
1. Quality. Plant materials 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 (15) feet.
Trees shall be not less than 2 to 2 1/2" caliper size at time
of planting. 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 City Building Official for review by the public. Any
other tree, shrub or ground cover species may be planted only
upon prior approval from the City Building official.
3. Hedges. Shrubs composing hedges shall be a
minimum of two (2) feet 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.
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 five (5) feet in
depth located between the abutting right of way and the
off-street parking area or other vehicular use area which is
exposed to an abutting right of way shall be landscaped, such
landscaping to include one tree for each fifty (50) lineal
feet or fraction thereof. Such trees shall be located
between the abutting right of way and off-street parking area
or other vehicular use area and shall be planted in a
planting area of at least twenty-five (25) square feet with a
dimension of at least five (5) feet. The required
landscaping shall also include a hedge or a planting of at
least one shrub for each ten (10) lineal feet of the
landscaped area. The remainder of the required landscaped
area shall be landscaped with grass, ground cover, or other
landscape treament, excluding paving.
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2. Ail 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 with at least grass or other ground cover.
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 lineal dimension used
to determine the number of trees and shrubs required.
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 100
square feet of paved area. Where the property contains both
parking areas and other vehicle use areas, the two 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 (5) feet. 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 (3) feet 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 or more public rights of way,
all landscaping within the triangular areas described below
shall provide unobstructed cross-visibility at a level
between three (3) feet and ten (10) feet, provided, however,
trees or foliage extend 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 (3) feet
from the edge of any accessway pavement. The triangular
areas above referred to are:
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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 sides of
each triangle being ten (10) feet in length from the point of
intersection and the third side being a line connecting the
ends of the two other sides.
2. The area of property located at a corner
formed by the intersection of two or more public rights of
way with two sides of the triangular area being thirty (30)
feet 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 lines.
Section 18.14.030. Adjustments of Standards. 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 ordinance
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 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.
Section 18.14.040. Other Applicable Regulations. The
provisions of this Chapter shall apply only to new off-street
parking uses or other vehicular uses. The provisions of this
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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.
SECTION 3: Design Review Clearance. ~18.06.040 of the
Chubbuck Municipal Code is amended to read as follows:
18.16.040 Design review. A. Ail uses in districts
with which the design overlay district is combined shall be
required to obtain design review clearance prior to obtaining
building permits. All applications shall be accompanied by
appropriate architectural and site development plans to scale
which shall show structure locations, landscaping plans
(including the landscaping materials to be used and the
location of landscape areas), permanent existing trees,
ground treatment, fences, off-street parking and circulation,
location and size of adjacent streets, north arrow and
property lines, drawings of major exterior elevations showing
building materials and proposed color scheme, existing grade
and proposed new grades. All such drawings and plans shall
be reviewed by a design review committee consisting of the
mayor, city engineer, a member of the city's land use and
development commission, and a member of the city council and
may be further reviewed by the city council upon request of
the developer, any interested party or by any member of the
committee or of the city council. The committee shall meet
from time to time at the call of the mayor.
B. The committee (and council, as appropriate) shall
consider the following matters in reviewing the application:
1. Consideration relating to traffic safety and
traffic congestion:
(a) The effect of the site development plan
on traffic conditions on contiguous streets.
(b) The layout of the site with respect to
locations and dimensions of vehicular and pedestrian
entrances, exits, drives and walkways.
(c) The arrangement and adequacy of
off-street parking facilities to prevent traffic congestion.
(d) The location, arrangement and dimension
of truck loading and unloading facilities.
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(e) The circulation patterns within
boundaries of the development.
(f) The surfacing and lighting of off-street
parking facilities.
2. Considerations relating to outdoor
advertising: The number, location, color, size, height,
lighting and landscaping of outdoor advertising signs and
structures in relation to the creation of traffic hazards and
the appearance and harmony with adjacent developments.
3. Considerations relating to landscaping:
(a) The location, height and materials of
walls, fences, hedges and screen plantings to insure harmony
with adjacent developments or to conceal storage areas,
utility installations or other unsightly development.
(b) The planting of ground cover or
surfacing to prevent dust and erosion.
(c)
healthy trees.
The unnecessary destruction of existing
(d) Compliance with the requirements of
Chapter 18.14 of this title.
4. Considerations relating to structures and site
layout: The consideration of exterior design in relation to
adjoining structures in height, bulk and area openings,
breaks in the facades and fencing on streets, line and pitch
of roof and arrangement of structures on the parcel.
5. Considerations relating to drainage: The
effect of the site development plan in relation to the
adequacy of the storm and surface water drainage proposals.
C. Promptly after receipt of an application for design
review clearance, the committee shall either approve or deny
such application. In approving an application, the committee
may impose additional conditions or limitations as deemed
necessary. Upon granting or denying the application, the
committee shall specify:
1. The ordinance and standards used in evaluating
the application.
2. The reason for approval or denial.
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3. The actions, if any, that the applicant could
take to obtain a building permit.
D. The committee's decision shall be set forth in a
written memorandum lodged with the city clerk and shall
become final if no written request for review has been
received by the clerk prior to the conclusion of the next
regularly scheduled city council meeting. If such request is
received, the matter shall be reviewed by the city council at
the next available meeting, with reasonable notice furnished
to the developer. In approving or denying any application
upon review, the city council shall follow the procedure of
this subsection.
SECTION 4: Repeal of Conflictinq Ordinances. The provisions
of any Ordinance of the City of Chubbuck, Idaho, which are in
conflict with the provisions of this Ordinance are hereby repealed
to the extent of such conflict.
SECTION 5: Effective Date. The rule requiring an ordinance
to be read on three separate days, one of which shall be a reading
in full, is hereby dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication as provided
by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 24th day of FSBRU^R¥ , 1987.
ATTEST:
CITY CLERK
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