HomeMy WebLinkAboutChapter_48 Landscaping
Title 18
Chapter 48
LANDSCAPING
Sections:
18.48.010 Purpose and Intent
18.48.020 Interpretation and Scope
18.48.030 General Landscaping Provisions
18.48.040 Landscape Plan Review
18.48.050 Mandatory Landscaping Provisions
18.48.060 Landscape Performance Standards
18.48.070 Landscaping of Public Lands
18.48.080 Deviation from Landscaping Requirements
18.48.090 Landscaping Completion
18.48.100 General Maintenance
18.48.010 Purpose and Intent
A. Purpose and Intent. The process of development, with its alteration of the natural
topography and vegetation, and creation of impervious cover can have a negative
effect on the ecological balance of an area by causing or accelerating the processes
of runoff, erosion, and sedimentation. The economic base of Bozeman can and
should be protected through the preservation and enhancement of the area's unique
natural beauty and environment. Recognizing that the general objectives of this
chapter are to promote and protect the health, safety and welfare of the public,
these landscaping regulations are adopted as part of this title for the following
specific purposes:
1. To aid in stabilizing the environment's ecological balance by contributing
to the process of air purification, oxygen regeneration, groundwater
recharge, stormwater runoff retardation, and improvement of water quality,
while at the same time aiding in noise, glare, and heat abatement;
2. To provide visual buffering between land uses of differing character by
placing screening vegetation;
3. To enhance the beauty of the city by expanding and strengthening the
urban forest and providing a diversity of vegetation within the city;
4. To protect the character and stability of residential, business, institutional,
and industrial areas by establishing minimum landscaping standards;
5. To preserve the value of land and buildings by protecting and enhancing
the aesthetic character of the community;
6. To conserve energy by providing windbreaks, shade, and temperature
moderation;
7. To retard the spread of noxious weeds by encouraging a vigorous
desirable plant community within the city;
8. To enhance the appearance of the entryways into the city by providing
high-quality landscaping which complements architecture;
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9. To encourage a pleasant and safe environment for pedestrians by
placement of boulevard trees and other interesting visual features; and
10. To encourage the conservation of water by rewarding the use of low water
demand landscaping. (Ord. 1645 9 1, 2005)
18.48.020 Interpretation and Scope
A. The provisions of this section shall apply to a lot or site when an application is being
made for:
1. Site development approval pursuant to Chapter 18.34;
2. Signs pursuant to Chapter 18.52, where landscaping is required; or
3. Restoration of a building that has been damaged or destroyed by fire,
explosion, flood, tornado, riot, act of the public enemy, or accident of any
kind. For purposes of this paragraph, "restoration" means the act of putting
back into a former or original state, only.
B. Not withstanding the application of Subsection A above, these provisions shall not
apply to the following:
1. Lots containing residential uses subject to sketch plan review when located
outside entryway corridors, except that such lots shall be subject to 99
18.48.050.A and E, 18.48.070, and 18.48.100 of this chapter;
2. Lots or sites within a planned unit development which has been approved
with its own landscape plan. However, these provisions shall be used as
the basis for determining the landscaping plans for future planned unit
developments and such planned unit development landscaping plans shall
meet or exceed the standards of these landscape regulations; or
3. Lots or sites which are designed, reviewed and approved according to the
deviation provisions specified in 9 18.48.080 of this chapter. (Ord. 16459
1 , 2005)
18.48.030 General Landscaping Provisions
A. Designation of Artificial Lot
1. All the lots and building sites described in 9 18.48.020.A of this chapter
shall be subject to landscaping provisions, however if a building site is over
two acres in size, the applicant may request that the Planning Director
create an artificial lot to satisfy the requirements of 9 18.48.040 of this
chapter.
2. The Planning Director shall not create an artificial lot which would, in
his/her opinion, violate the spirit of these landscape regulations. An
artificial lot must:
a. Wholly include the area on which the development is to occur;
and
b. Have an area that does not exceed 50 percent of the area of the
original site.
S. An artificial lot need not be platted, however it must be designated on plans
approved by the Planning Director or City Commission prior to the issuance of a
building permit.
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C. Landscape plans shall include the information required by 918.78.100. (Ord. 1645
9 1, 2005)
18.48.040 Landscape Plan Review
A. The City Commission or other party designated to conduct reviews by this title shall
review each landscape plan to determine whether or not it complies with the
requirements of this section.
S. All landscape plans must comply with the mandatory landscape provisions in 9
18.48.050 of this chapter.
C. In addition, all landscape plans must earn a minimum number of points as specified
in 9 18.48.060 of this chapter. Points are awarded for specified landscape features
and elements based upon their relative value or merit. The alternatives for
achieving the minimum points needed for approval are provided in 9 18.48.060 of
this chapter, Landscape Performance Standards. (Ord. 1645 9 1, 2005)
18.48.050 Mandatory Landscaping Provisions
A. Yard Landscaping Required. For all uses in all districts, unless otherwise provided
by specific approval through design review procedures, all front, side, and rear
yards, and those areas subject to 9 18.48.050.E, exclusive of permitted access
drives, parking areas, and accessory structures, shall be landscaped as defined in
this title. All landscaped areas shall be perpetually maintained in a healthy
condition.
S. Additional Screening Requirements. The site plan or other approval authority may
require additional screening when it is determined to be in the best interest of the
affected properties. Such additional screening may be required between existing
and/or future:
1. One-household and multi-household developments or apartment buildings;
2. Multi-household and multi-household developments or apartment
buildings;
3. Residential and nonresidential uses; or
4. Nonresidential uses of differing character and/or intensity.
C. Parking Lot Landscaping
1. For purposes of defining parking lot landscaping requirements, the term
"parking lot" means the area within the perimeter of the paved portion of
the parking lot, including driving aisles but not including access drives. The
provisions of this subsection do not apply to parking areas, as defined in
Chapter 18.80, provided within a building or parking structure.
2. All surface parking lots on the building site or artificial lot, whichever is
applicable, shall be landscaped in accordance with the following
paragraphs which describe landscaping requirements in addition to the
yard landscaping requirements for the site:
a. Parking Lot Screening Required
(1) All parking lots located on a lot with a residential
adjacency must be screened from that residential
adjacency.
(2) All parking lots located between a principal structure and
a public street, except in M-1 and M-2 districts, must be
screened from the publiC street.
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(3) The screening required under paragraphs (1) and (2)
above shall be not less than 4 feet in width and shall be
maintained at a height of 4 to 6 feet except as otherwise
restricted by fence and hedge height limits within
required front yards and street vision triangles.
b. Large canopy trees, large noncanopy trees or small trees must be
provided in, or immediately adjacent to, all parking lots at a
minimum average density of:
(1) One large canopy tree; or
(2) One large non-canopy tree and 1 small tree; or
(3) Three small trees for each 9 parking spaces required or
provided, whichever is greater.
c. No parking space may be located more than 90 feet from the
trunk of a tree.
d. No tree may be planted closer than 4 feet to the paved portion of
the parking lot.
e. Additionally, any parking lot providing 15 or more parking spaces
shall have a minimum of 20 square feet of landscape area within
the parking lot for each off-street parking space in the lot provided
as follows:
(1) The interior parking lot landscaping shall be designed to
facilitate, control, and denote proper vehicular circulation
patterns;
(2) Internal parking lot landscaping provided shall be
proportionately dispersed so as to define aisles and limit
unbroken rows of parking to a maximum of 100 feet, with
landscaped areas provided in an appropriate scale to the
size of the parking lot; and
(3) The minimum width and/or length of any parking lot
landscaped area shall be 8 feet;
f. The above standards are minimum mandatory standards. The
provisions of 9 18.48.060 of this chapter require additional
vegetation or other landscape features for receipt of performance
standard points.
D. Screening of Off-street Loading Spaces
1. All off-street loading spaces on a lot with residential adjacency must be
screened from that residential adjacency.
2. In all districts, except M-1 and M-2 districts, all off-street loading spaces on
a lot must be screened from all public streets adjacent to that lot.
3. The screening required under paragraphs 1 and 2 must be at least 6 feet
in height.
E. Street Frontage Landscaping Required
1. Except in R-S districts, all street rights-of-way contiguous to or within the
proposed development site not used for street pavement, curbs, gutters,
sidewalks, or driveways shall be landscaped, as defined in this title, and
shall include one large canopy tree for each 50 feet of total street frontage.
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When this requirement conflicts with other requirements of this title or other
portion of the Bozeman Municipal Code the Planning Director may relax
this standard to reach an optimal balance in public interests.
a. Acceptable large canopy shade trees for use in public
rights-of-way are those accepted by the Forestry Department.
Street trees must meet the arbaricultural specifications and
standards of Chapter 12.30. The Forestry Department, in
cooperation with the Bozeman Tree Advisory Board, publishes a
pamphlet listing acceptable species and proper planting methods.
Prior to planting street trees, a permit from the Forestry
Department is required.
2. Where it may be impractical or difficult to plant large canopy trees within
the public right-of-way (due to the presence of overhead power lines, for
instance) the requirement for one large canopy tree for each 50 feet of
street frontage may be substituted with two small ornamental trees per 50
feet of total street frontage. Acceptable small ornamental trees for use in
public rights-of-way are those accepted by the Forestry Department.
3. The minimum quantity of trees and other landscaping required and
provided in the pUblic right-of-way as described herein shall be designed
to complement onsite landscaping and to enhance the proposed
development project and the streetscape.
F. Street Median Island Landscaping. All street median islands approved through a
plan review process shall be landscaped according to requirements determined
through the plan review process.
G. Acceptable Landscape Materials
1. Generally acceptable plant materials shall be those identified as hardy in
Zones 1 through 3. The characteristics of the zones are described in The
Western Garden Book, Sunset Publishing Corporation, 1995. Alternatives
may be considered upon a case by case basis. However, in the case of
street frontage landscaping as required in 9 18.48.050.E, above,
acceptable tree species shall be limited to those approved by the Forestry
Department.
2. No artificial plant materials may be used to satisfy the requirements of this
chapter.
3. Plant materials used to satisfy the requirements of this chapter must
comply with the following minimum size requirements at the time of
installation (depending on the standard measuring technique for the
species):
a. Large canopy and noncanopy trees must have either:
(1) For deciduous trees a minimum caliper of 1.5 inches to
2 inches; or
(2) For evergreen trees a minimum height of 8 feet;
b. Small canopy and noncanopy trees must have either:
(1) For deciduous trees a minimum caliper of 1 inch; or
(2) For evergreen trees a minimum height of 6 feet;
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c. All other nonturf plantings shall meet American Nursery and
Landscape Association standards.
4. For purposes of Subsection G.3 of this section, height is measured from
the top of the root ball or, if the plant is in a container, from the top soil
level in the container.
H. Protection of Landscape Areas
1. Perimeter parking lot treatment as required in 9 18.46.020.J, shall be
installed to protect landscape areas adjacent to parking lots.
2. Landscaped areas within parking lots (i.e., landscape islands or
peninsulas) must be protected from vehicular traffic through the use of
continuous concrete curbs or other permanent barriers approved by the
City Engineer. Railroad ties, rolled asphalt, pin down wheel stops, or
similar methods of curbing are not acceptable methods of landscape
protection within parking lots.
I. Irrigation Standards
1. Permanent irrigation systems shall be provided to all landscaped areas.
The use of hose bibs on the exterior of existing or proposed structures is
not an acceptable method of landscape irrigation unless the landscaped
area is adjacent to the existing or proposed structure.
2. All irrigation systems and landscaped areas shall be designed,
constructed, operated, and maintained so as to promote water
conservation and prevent water overflow or seepage into the street,
sidewalk, or parking areas.
J. Required Use of Trees. All landscape plans must include, for each yard with a
residential adjacency, at least one of the performance standards in 9 18.48.060.8
of this chapter that requires the use of one or more trees.
K. Coordination with Utilities. In order to prevent damage to both vegetation and public
utility lines, all trees and other large vegetation shall be planted no closer than the
minimum distance specified in the City of Bozeman Design Standards and
Specifications Policy. (Ord. 16459 1, 2005)
18.48.060 Landscape Performance Standards
A. In addition to complying with the mandatory landscape provisions in 9 18.48.050 of
this chapter, all landscape plans must earn a minimum number of points as
specified below. Points are awarded for specified landscape features and elements
based upon their relative value or merit.
1. The minimum number of points needed for landscape plan approval by
zoning district is as follows:
Table 48.1
Zoning District Lot With Residential Adjacency Lot Without Residential
(as defined in & 18.80.1730) Adjacency
All districts except 8.1 and 8.3 districts 23 15
and PUDs
8.1 18 15
8-3 13 13
2. The points required under 9 18.48.060.A.1 above may be earned by
enhancing mandatory yard landscaping through a combination of one or
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more of the methods provided for in Subsections B, C, and D of this
section. The landscaping required by 9 18.48.050, except Subsection E
for boulevard trees, may be used to meet the requirements of this section
B. Yard Landscaping Enhancement. When considering whether landscaping meets
the requirements of this section, groupings must be placed in such a fashion as to
be related and mutually supportive of design quality and be placed so as to allow
the healthy development of maturing vegetation.
1. Points may be earned for use of certain vegetation types as follows:
a. Three points are awarded for the installation of 50 percent or
greater of drought tolerant species of herbaceous perennials, and
grasses accepting of maintenance by annual mowing and limited
irrigation;
b. Three points are awarded for the installation of drought tolerant
species for greater than 50 percent and less than 75 percent of
the trees and shrubs;
c. Five points are awarded for the installation of drought tolerant
species for 75 percent or greater of trees and shrubs; and
d. One point shall be awarded for each mature tree existing on-site
over 6 inches in caliper which is preserved by the proposed
design of the site development. In order to utilize this subsection,
the tree must have remaining life expectancy of at least 20 years
and be protected from damage during construction.
2. Five points per yard (up to fifteen points maximum) are awarded when the
landscaped yard contains, for each 50 linear feet of each landscaped yard,
one or more of the plant elements in both columns A and B below:
Table 48-2
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large noncanopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrub
a. The required plant elements from Columns A and B above may
be arranged in any combination meeting the grouping
requirements of 9 18.48.060.S.
3. In the case of a lot with residential adjacency only, eight points are
awarded for providing vegetative screening in the landscaped yard with
residential adjacency in accordance with the following subparagraphs:
a. The screening must be of natural vegetation at least 6 feet in
height;
b. The screening must extend along the entire length of the portion
of the landscaped yard where a residential adjacency exists,
exclusive of:
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-.."'..
(1) Public street frontage;
(2) Driveways and accessways at points of ingress and
egress to the lot; and
(3) Street vision triangles;
c. However, no points are awarded for screening required by 9
18.48.050.B unless the required screening is constructed of
earthen berm or evergreen plant materials;
d. If screening is provided by an earthen berm or evergreen plant
materials, the following additional regulations apply:
(1) An earthen berm must be planted with groundcover. The
earthen berm may not have a slope that exceeds 1 foot
of rise for each 2 feet of run and must be at least 4 feet
high, including planting materials, subject to front yard
and street vision triangle height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is at least 3 feet wide;
(b) Be placed a maximum of 48 inches on center
over the entire length of the bed unless an
alternative planting density that a landscape
architect certifies as being capable of providing
a solid appearance within three years is
approved; and
(c) Provide a visual barrier of the required height
within three years of their initial planting.
4. Two points may be awarded when foundation plantings obscuring not less
than 70 percent of the building perimeter, exclusive of entrys, are provided.
C. Non-vegetative Special Features
1. Five points are awarded if the building is located on the site so that 50
percent or more of the street facade of the building is within a distance of
3 feet or less from the required front building line, Le. front yard setback
line, as defined in Chapter 18.80;
2. A maximum of eight points may be awarded when a site is graded and/or
terraced utilizing natural stone or prefabricated decorative masonry
retaining wall material as a drystack or mortared wall. In order to qualify
for the points available in this section the wall portion must:
a. Be 5 percent of the length of the total perimeter of the lot or
artificial lot for each two points to be awarded;
b. Have a vertical face surface of at least 1 foot along the length of
the area to be considered for (a) above;
c. Be integrated with other landscaping materials and grading on the
site; and
d. Be complementary to the overall grading of the site and the
activities and architecture contained on the site;
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3. One point is awarded for each stone boulder not smaller than 3 feet in
diameter which is integrated with other landscaping, up to a maximum of
five points;
4. One point is awarded for each 1 percent increment of lot area covered by
publicly accessible special pedestrian facilities and features such as
plazas, courtyards, covered walkways, fountains, lakes, streams and
ponds, seating areas, and outdoor recreation facilities, up to a maximum
of five points.
D. Parking Lot Landscaping
1. Ten points are awarded when all surface parking lots, as defined in
Chapter 18.80 on the building site or artificial lot, whichever is applicable,
are landscaped in accordance with all of the following paragraphs in
addition to that landscaping required in 9 18.48.050:
a. The parking lot must contain one of the plant groups from 9
18.48.060.8.2 of this section at an average density of one group,
plus an additional one large canopy tree, for each required sixteen
parking spaces; and
b. No required parking space may be located more than 70 feet from
the trunk of a large canopy tree. (Ord. 16459 1,2005)
18.48.070 Landscaping of Public Lands
A. City of Bozeman Rights.of.Way and Parks
1. General
a. Tree planting permits shall be obtained from the Forestry
Department prior to installation of trees in city rights-of-way or
parks.
b. Drought tolerant grass seed shall be planted in these areas.
2. External Streets, Open Space, and Parks. The developer shall be
responsible at the time of initial development for installing vegetative
ground cover, boulevard trees, and an irrigation system in the public
right-of-way boulevard strips along all external perimeter development
streets and adjacent to public parks or other open space areas.
a. Prior to installing landscaping in City of Bozeman rights-of-way or
parks, the developer shall submit a landscaping plan to the
superintendent of public lands and facilities for review and
approval. The landscaping plan shall be prepared by a qualified
landscaping professional meeting the requirements of this
chapter. Tree planting permits shall be obtained before any tree
is placed on public land.
b. Wells shall be used to irrigate landscaping in these areas.
3. Adjacent to Individual Lots. When individual parcels are developed, the
individual property owners shall be responsible for installing landscaping
and street trees within the public right-of-way boulevard strips adjacent to
their property and providing for irrigation, in compliance with 9
18.48.050.E.1.
8. Maintenance
1. Maintenance of landscaping installed within the boulevard portion of the
public right.of-way, with the exception of tree trimming and tree removal,
shall be the responsibility of adjacent property owners.
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2. A developer shall be responsible for irrigating and maintaining landscaping
along external streets and landscaping adjacent to parks or other opens
space areas until 50 percent of the lots are sold. Thereafter, the property
owners association shall be responsible for maintaining and irrigating these
landscaped areas. The property owners association may with the City's
approval establish an improvement district to collect assessments to pay
for the irrigation and maintenance.
3. The City shall accept responsibility for the maintenance of all other
required landscaping installed in accordance with approved site plans
within the public right-of-way or on other public lands.
B. State of Montana Rights-of-Way. Landscaping shall be installed along state
rights-of~way, in the same manner described in 9 18.48.070 provided that the
Montana Department of Transportation has reviewed and approved the proposed
landscaping plan. Maintenance of landscaping installed within the boulevard portion
of the public right-of-way shall be the responsibility of adjacent property owners
unless a different responsibility is established by the encroachment permit. (Ord.
1645 9 1, 2005)
18.48.080 Deviation from Landscaping Requirements
A. To achieve the optimal landscape design on individual sites or to coordinate the
landscape design in an area, it may be necessary to deviate from the strict
application of landscaping requirements. An application for such deviation shall be
processed through the pertinent design review authority and approved by the City
Commission.
B. The application for deviation shall be subject to the submittal and procedural
requirements of this title, and shall be accompanied by written and graphic material
sufficient to illustrate the conditions that the modified standards will produce, so as
to enable the City Commission to determine that the deviation will produce an
environment, landscape quality, and character superior to that produced by the
existing standards and will be consistent with the intent and purpose of this chapter.
Upon such a finding, the City Commission may authorize within the Neighborhood
Conservation and Entryway Corridor overlay districts deviations of up to 20 percent
from landscape design standards contained herein. (Ord. 1645 9 1, 2005)
18.48.090 Landscaping Completion
All landscaping must be completed or secured in accordance with the provisions of Chapter
18.74. (Ord.1645 91,2005)
18.48.100 General Maintenance
A. Required landscaping must be maintained in a healthy, growing condition at all
times. The property owner is responsible for regular weeding, mowing of grass,
irrigating, fertilizing, pruning, and other maintenance of all plantings as needed.
However, the city Forestry Department is responsible for pruning or removing any
tree in a city right-of-way or park. Any plant that dies must be replaced with another
living plant that complies with the approved landscape plan. Failure to maintain
required landscaping in a healthy growing condition at all times may result in
revocation of an occupancy permit. When enforcing this provision of this title,
external factors such as seasonality and availability of landscape stock shall be
considered before any action to revoke an occupancy permit is taken.
8. Any damage to utility lines, resulting from the negligence of the property owner or
his agents or employees in the installation and maintenance of required landscaping
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in a utility easement, is the responsibility of the property owner. If a public utility
disturbs a landscaped area in a utility easement, it shall make every reasonable
effort to preserve the landscaping materials and return them to their prior locations
after the utility work. If, nonetheless, some plant materials die, it is the obligation
of the property owner to replace the plant materials. (Ord. 1645 9 1, 2005)
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