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ORDINANCE NO. BILL NO. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF JEROME, CREATING TITLE 17 CHAPTER 18.070 LANDSCAPING REQUIREMENTS AND AMENDING TITLE 17 CHAPTER 26.080 SCREENING AND/OR LANDSCAPING, OF THE JEROME MUNICIPAL CODE PROVIDING FOR MINIMAL LANDSCAPING REQUIREMENTS FOR NEW DEVELOPMENT IN VARIOUS ZONES THROUGHOUT THE CITY OF JEROME AND FOR THE LANDSCAPING OF PARKING LOTS WITH MORE THAN 20 PARKING SPACES; FOR A PENALTY FOR VIOLATION OF THIS CHAPTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, promoting, regulating and requiring landscaping that enhances the appearance and attractiveness of commercial, industrial, and business areas promotes the public welfare, provides a more pleasing and uniform aesthetic while minimizing potential for blight, and is conducive to residential and economic development; and WHEREAS, large commercial parking lots contribute to the ‘heat island effect’ and present an unpleasant aesthetic, which can be mitigated by promoting, regulating and requiring a landscaping ordinance; and WHEREAS, the City desires to promote best practices in landscape design and maintenance that ensure the long term viability of landscaped areas. IT IS THEREFORE DEEMED by the Mayor and the City Council of Jerome, Idaho, as follows: Section 1. That section 070 is added to Title 17, Chapter 18 of the Jerome Municipal Code on file and is hereby enacted and the same is hereby declared to read as follows: 17.18.070: LANDSCAPING REQUIREMENTS A. APPLICABILITY 1. This article shall apply to all new development and to any change of use of an existing building, structure or parcel of land in the following zoning districts within the City of Jerome: a. C-1 Neighborhood Business District; b. C-2 General Business District; c. C-3 High Density Business District; d. CBD Central Business District; e. M-1 Light Industrial District; f. M-2 Heavy Industrial District; g. Any commercial, industrial, or multi-family residential use within the Design Overlay District; 2. New commercial parking lots with twenty (20) spaces or more shall comply with sections 17.18.070.B.8 of this section. 3. Additions to commercial development greater than fifty percent (50%) of the existing structure or developed area shall comply with this section. ---PAGE BREAK--- 4. Commercial or industrial parking lot replacement with twenty (20) spaces or more, not including sealing, striping or repaving, that is greater than 50% of the parking area shall comply with this section. B. LANDSCAPE REQUIREMENTS FOR SITE DESIGN 1. General Requirements a. All landscape plans shall be prepared by a landscape designer or qualified nurseryperson. b. The landscape plan shall be submitted as part of an application for Design Review, Special Use Permit, Variance, Occupancy or Building Permit. 2. Uses / Buildings. a. All new developments shall provide landscaping in accordance with the requirements of this section. b. Expansions and Alterations to Existing Buildings: The requirements of this section shall apply to the expansion and alteration of existing buildings when the project increases 50 percent (50%) or more in gross square footage. c. Change of Use: The requirements of this section shall not be imposed upon a change of use unless the property in question never complied (or no longer complies) with the ordinance requirements in existence at the time of approval or conditions of approval at the time of construction. d. Existing Parking Lots: 1. Twenty-six percent (26%) to fifty percent (50%) expansion or replacement of the parking lot shall be required to replace and repair the existing landscaping to previous approval standards and provide perimeter landscaping. 2. Fifty-one percent (51%) to one hundred percent (100%) expansion or replacement of the parking lot shall comply with all requirements of this section. 3. Waivers: a. If the location of existing buildings or other structures prevents conformance with the requirements of Section 17.18.070.B, or its implementation would create non-conformity of parking standards or other special circumstances, the Planning and Zoning Administrator may grant a waiver based on the following findings: i. That the requirements of Section 17.18.070.B are not feasible due to existing development or circumstances regarding the property; ii. That granting a waiver will not have a detrimental effect on adjacent properties; and iii. Granting a waiver will not be in conflict with past approvals that required landscape improvements. ---PAGE BREAK--- b. A letter requesting a waiver and reasons therefore, shall be submitted at the time of application. Decisions of the Planning and Zoning Administrator may be appealed to the Planning and Zoning Commission within sixty (60) calendar days from the date of the Administrator’s written decision. 4. Alternative Compliance: a. Purpose: To provide for alternative means to meet the intended purposes of the landscape requirements when explicit compliance is not feasible or the alternative means are superior to what is required. b. Process: 1. A request for alternative compliance shall be submitted as part of the building permit or zoning application process. The request will be considered by the same approval body as the base application. The request shall specify: i. The specific requirements that are proposed to be modified; ii. The reasons for the modification; and iii. A demonstration of how the alternative means for compliance meets the requirements’ intended purpose. 2. Stormwater Swales: Stormwater swales within front setbacks can be approved as staff level provided that the landscape plans approved by the applicable approval body are not changed substantially and comply with Section 17.18.070.B. A landscape plan with swale construction details which incorporate the landscape design shall be submitted for staff level review. c. Standards: the proposed alternative means for compliance with specific requirements shall demonstrate the alternative compliance provides an equal or superior means of meeting the intent and purpose of this section. d. Required Findings: In order to grant approval for an application for alternative compliance, the approving department shall determine the following: 1. Strict adherence or application of the requirements is not feasible because one of the following exist: i. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; ii. The site involves space limitations or an unusually shaped lot; iii. Safety consideration; iv. Other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this section; v. The proposed design includes innovative design features or other site designs that promote walkability or mixed-use neighborhoods; or vi. Environmental quality benefits. 2. Alternative compliance provides an equal or superior means for meeting the requirements; and 3. Alternative compliance will not be detrimental to the public welfare or adversely affect the uses and character of surrounding properties. 5. Minimum Design Standards and Requirements a. Xeriscaping is encouraged. ---PAGE BREAK--- b. Approved Plant Material: plans should use plants that will thrive in this environment. Guidance regarding certain species that are routinely approved may be obtained from the Planning and Zoning Administrator and/or the City Arborist. c. Prohibited Material: no landscaping areas shall include artificial trees, plants, or any carpeting designed as a vegetative substitute. d. Minimum Plant Sizes: Evergreen trees Four foot height minimum Shade /Ornamental trees One and half inch caliper minimum Perennials One gallon pot minimum Woody shrubs One gallon pot minimum e. Trees: 1. Spacing: For design flexibility, trees may be grouped together or spaced evenly as desired. The Landscape plan shall show trees at mature size on the drawings and spacing shall be no closer than 80 percent (80%) of the average mature width of the trees. 2. When five or more trees are to be planted to meet the requirements of any portion of this section, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted according to the chart below: No. of Trees Minimum Number of Species 5-10 2 11-30 3 31-50 4 50+ 5 f. Mulch: Mulch shall be used in all required planting areas. Approved mulches may be organic, such as bark or they may include rock products, such as "permabark" or similar products. Use of mulch, organic or rock, as the only ground cover in required planting areas is prohibited. Pea gravel, drain rock, road base gravel, and similar products shall not be used as mulch. All mulch shall be contained by a curb or other edging material to contain the mulch and prevent it from moving to bordering surfaces. Impermeable plastic weed barriers under the mulch is prohibited. Within stormwater facilities, mulch may not float. g. Curbing: All planting areas that border driveways, parking lots and other vehicle use areas shall be protected by curbing, wheel stops or other protective devises. Such devises shall be a minimum of 30 inches from tree trunks to prevent cars from damaging tree trunks. h. Utilities: The following standards apply to the planting of trees near existing utilities and to trenching for new utilities near existing trees: 1. Overhead Utilities: For trees planted under or within ten (10) lateral feet of any overhead utility ---PAGE BREAK--- wires, the landscape plan designer must certify that the type of tree selected for that location will not grow to a height so as to interfere with the overhead utility wires. 2. Underground Utilities: All trees shall be planted outside of any utility easement, unless written approval is obtained from the applicable agency. All trees shall be planted outside of any easement that contains a City sewer main, unless written approval is obtained from the City Engineer. If any utility easement precludes tress required by this section, the width of the required buffer shall be increased to accommodate the required trees. 3. Trenching: New underground utilities shall be located outside of the dripline of existing trees if trenched, or be tunneled a minimum of three feet below existing grade within the tree’s dripline. Trenching within the dripline of existing trees shall be done by hand, with care not to cut or damage roots larger than two inches. The guiding principle is that no root two inches or larger shall be cut. Note: This requirement is for placement of new utilities and does not affect the City’s or the Utility’s ability to access existing utilities for repair, replacement and maintenance. i. Berms: Berm slopes shall not exceed 3:1 (horizontal: vertical). Slopes shall not exceed 4:1 on areas which require mowing. j. Water Efficiency: The landscape plan shall provide for water efficient landscaping as follows: 1. Lawn Areas: Where appropriate and on sites where other landscape options can be incorporated, large expanses of mown lawn are discouraged due to its high water consumption. Lawn should not be treated as a fill-in material, but rather as a functional or aesthetic element of the landscape. Mown lawn should not be used in median strips, parking strips, or other difficult areas to irrigate less than six feet in width 2. Plant Selection and Location: Plants should be placed based on adaptability to regional and micro climatic conditions. The use of native and other low-water-use plants is encouraged. Plants having similar water needs should be grouped together in distinct hydrazones, and spaced to minimize watering needs while maximizing growth and spread of plants. 6. Irrigation a. Required: All landscape areas requiring irrigation shall be served with an automatic underground irrigation system. Areas of landscaping which will not require supplemental watering after initial establishment are not required to have permanent irrigation. b. Irrigation Water: Use of non-potable irrigation water is required when determined to be available and adequate. 7. Perimeter Buffers a. Street Buffers: ---PAGE BREAK--- 1. Applicability: Landscape street buffers shall be required in all multi-family residential, commercial and industrial zones. Street buffers shall not be required in the Central Business District Zone in circumstances where a landscape buffer would prevent the placement of a proposed building at the allowed zero foot front or street side setbacks. 2. Size and Location: Landscape buffer widths along streets shall be based on the required setbacks of the underlying zone. All required buffers shall be maintained by the property owner. 3. Street Trees: All required landscape street buffers shall be planted with trees and shrubs, lawn or other vegetative groundcover, with a minimum density of one tree per 40 lineal feet. If this calculation results in a fraction of .5 or greater, round up to an additional tree. Clustering is allowed, however, trees shall be spaced no closer than eighty percent (80%) of the average mature width of the trees. 4. Conifers Along Streets: Coniferous trees are allowed along streets only within planting areas 20 feet or greater in width. 5. Tree Wells Tree wells shall be a minimum of nine square feet in size in the sidewalk area. Root barriers are encouraged. b. Side and Rear Perimeter Buffers: 1. Applicability: Side and rear landscape buffers shall be required for all multi-family residential, commercial and industrial developments. 2. Size and Location: Landscape buffer widths shall be based on the required setbacks of the underlying zone. All required side and rear buffers shall be located within the property and shall be maintained by the property owner. 3. Parking Lot/Vehicular Use Area Buffers If an interior side or rear lot line is adjacent to a parking lot or other vehicular use area, such as, but not limited to, vehicle sales areas, truck and bus parking areas and driveways, the following standards shall apply: i. Landscaping The perimeter landscape strip shall be planted with one tree per 40 lineal feet. If this calculations results in a fraction of .5 or greater, round up to an additional tree. Clustering is allowed, however, trees shall be spaced no closer than 80 percent (80%) of the average mature width of the trees. ii. Exceptions: Where two properties have a shared access and parking agreement that has been approved by the city, the above requirements may be waived. c. Buffers Between Different Land Uses: 1. Applicability: Land use buffers shall be required along contiguous property lines between residential uses and dissimilar uses such as industrial and commercial. The ---PAGE BREAK--- buffers are required along the entire contiguous property line. This section shall not apply to mixed use projects on contiguous properties. 2. Size: The minimum buffer width between land uses is based on the required setbacks of the underlying zone. 3. Buffer Materials: The materials within the required buffer between incompatible land uses are regulated as follows: i. Mix of Materials: All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover. Fences, walls and berms may also be incorporated into the buffer area. ii. Buffer Walls: Where existing or proposed adjacent land uses cannot be adequately buffered with plant materials, the City may require inclusion of a wall, fence, or other type of screen that mitigates noise and/or uses. If a wall or fence at least six feet tall is provided, the planting requirement may be reduced to at least one tree per 40 lineal feet, plus shrubs, lawn, or other vegetative groundcover, in lieu of the requirements of this section. Clustering is allowed, however, trees shall be spaced no closer than 80 percent (80%) of the average mature width of the trees. iii. Chain-link Fencing: Chain-link fencing does not qualify as a screening material; therefore the buffer must still be landscaped, even if a chain link fence is provided. iv. Pedestrian Access: Landscaping and screens shall not eliminate pedestrian access between commercial and residential districts. 8. Interior Parking Lot: a. Applicability: Interior parking lot landscaping shall be required in any parking lot with twenty (20) spaces or more, including vehicle sales lots. b. Planter Size: Landscape planters shall be a minimum of eight feet in width for trees. Required parking lot planters shall be the length of the adjacent parking space. Dimensions are measured inside curbs. c. Parking Lot Layout: No linear grouping of parking spaces shall exceed twenty (20) in a row, without an internal planter island. Interior landscaping shall be used to delineate and guide major traffic movement within the parking area. Terminal planters shall be provided at the ends of rows of parking to protect parked vehicles and confine moving traffic to aisles and driveways. Interior landscape planters shall be spaced as evenly as feasible to reduce the visual impact of long rows of parked cars. ---PAGE BREAK--- d. Trees Required: Each interior planter that serves a single row of parking spaces shall be landscaped with at least one tree and shall be covered with low shrubs or other vegetative groundcover. Each interior planter that serves a double row of parking spaces shall have at least two trees and shall be covered with low shrubs or other vegetative groundcover. Deciduous shade trees must be pruned to a minimum height of eight feet above the adjacent parking areas. Evergreen trees are prohibited in interior planters. e. Industrial Exclusion Industrial parking, storage, and loading areas are specifically excluded from the interior landscape requirements, but shall meet all perimeter and right of way landscape and screening requirements. f. Snow removal and storage shall be accommodated when developing a landscape plan to minimize damage to plants and to compliment the stormwater management design. C. LANDSCAPE APPROVAL Before Issuance of the final certificate of occupancy, the Building Official along with the Administrator or their respective designees, shall certify the landscape is what was approved. D. EXTENSION OF TIME FOR INSTALLATION: 1. Upon recommendation of the administrator, a temporary certificate of occupancy may be issued for a specified time period, not to exceed one hundred eighty (180) days when: a. Due to weather or other circumstances, the landscaping or other required site amenities cannot be completed; and b. The applicant has provided a surety to the City for the required improvements. E. LANDSCAPE MAINTENANCE 1. Applicability: The requirement for landscape maintenance applies in all zones where landscaping has been required. 2. Standards: a. The property owner, occupant, user or person in charge or control of any property shall be responsible for the maintenance of all landscaping and screening devices required by this section. b. Topping any street tree required by this section is prohibited. For trees not within street right-of-way, alternative pruning techniques to achieve specific horticultural or aesthetic effects may be used if approved by the City Arborist. Examples include pleached allee, pleached bosque, espalier, and pollarded canopy. c. Tree grates shall be widened to accommodate the growing tree trunk and prevent girdling of any tree planted in tree wells within sidewalks or other public right of way. d. Plant materials that exhibit evidence of insect pests, disease, and/or damage shall be appropriately treated to correct the problem. Dead plant materials shall be replaced within thirty (30) calendar days of notification from the City. e. All landscaping required by this subsection may be subject to periodic inspections by City officials to determine compliance or to investigate. ---PAGE BREAK--- f. Violations of this section shall be subject to Chapter 8.08 Nuisance of the City of Jerome Municipal Code. Section 2. That section 17.26.080 be amended to include a new subsection B: A. Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such wall, fence, or planting screen shall not be less than four feet nor more than six feet in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the even that terrain or other natural features are such that the erection of such wall, fence, or planting screen will not serve the intended purpose, then no such wall, fence or planting screen and landscaping shall be required. B. The landscaping of parking lots is required pursuant to section 17.18.070. Section 3. This ordinance shall become effective upon its passage and publication as required by law. PASSED BY THE COUNCIL THIS day of 2020. SIGNED BY THE MAYOR THIS day of 2020. CITY OF JEROME, IDAHO By: DAVID M. DAVIS, Mayor ATTEST: BERNADETTE GOMES, City Clerk