A. Purpose And Intent: This section comprises requirements for general landscaping and buffer yards; parking lot landscaping; foundation landscaping; street trees, vision clearance; and irrigation and maintenance.
1. The overarching purpose of this chapter is to accomplish the following:
a. Improve the compatibility of different land uses by providing a buffer between those uses of differing character;
b. Enhance the beauty of the city;
c. Protect the character and stability of different uses of property;
d. Preserve the value of lands and buildings;
e. Diminish the spread of noxious weeds and re-establish native plants;
f. Reducing the volume and rate of flow of stormwater runoff;
g. Improve the quality of stormwater runoff water;
h. Reduce urban temperatures; and
i. Promote more sustainable use of resources dedicated to landscape maintenance.
B. Applicability: The provisions of this chapter shall apply to public and private development on property located in all zoning districts when a building permit is required.
C. Procedure:
1. Any person seeking a building permit for new construction or a building or parking lot expansion of greater than 50% shall submit a landscaping plan, which shall include the following:
a. The location, size, description, and quantity of landscaping materials and areas proposed, demonstrating compliance with the requirements of this chapter.
b. The location and size of any existing and proposed structures on the lot.
c. The location and description of proposed buffering/screening as required.
2. An applicant may request a variance from landscaping standards to permit a variation from the requirements of this chapter. If the board of adjustment determines that a variance is appropriate, the Board may require alternative landscaping, architectural, or other mitigating features as deemed appropriate under the circumstances.
3. No building permit or conditional use permit shall be granted or issued until final approval of the landscaping plan.
4. A property occupancy certificate shall be issued once the landscaping is completed or financially guaranteed.
a. For sites smaller than one-half (0.5) acre, installation of all landscaping in compliance with the approved landscaping plan shall be confirmed by a site visit or photo evidence of fully installed landscaping.
b. For sites larger than one-half (0.5) acre, assurance of landscaping installation shall be provided in the form of:
(1). A bond in the amount of one hundred fifty percent (150%) of the cost of completion of the landscaping, provided to the City. The cost of completion of landscaping shall be determined by a professional landscaping business approved by the City.
(2) The bond shall be in the form of cash, certificate of deposit, letter of credit issued by a federally insured lending institution, completion bond issued by an approved insurance or bonding company, or in such other manner as shall be approved by the City. In the event that the landscaping still needs to be completed according to the approved plan within one year after the issuance of the certificate of occupancy, the City may obtain the proceeds from the bond and contract to have the landscaping completed. The applicant shall be responsible for the entire cost of completing the landscaping, including any cost in excess of the amount of the bond.
D. Installation And Minimum Planting Requirements:
1. Drought-Tolerant Species Required: A landscape plan shall provide 75% or greater of the proposed trees and shrubs as drought-tolerant species as defined in the latest editions of the Montana Nursery and Landscape Association’s Drought Tolerant Plans for the Montana Landscape or on a list adopted by the City of drought tolerant species for purposes of this section.
a. Lawn Area: Grassy areas shall utilize species that are well adapted to the growing conditions of Gallatin County, Montana.
b. Ground Cover: In lieu of grass (native-species) of low-growing ground cover plants, preferably drought tolerant, may be used as a more sustainable alternative.
c. Trees: Trees interior to the lot shall be a minimum height of eight (8) feet and a minimum diameter of one and one-half (1 1/2) inches at the time of planting.
d. Shrubs: All shrubs shall be a minimum of eighteen (18) inches in height at time of planting.
e. Except as otherwise noted in this section, at least fifty (50) percent of landscaped areas created to meet the requirements of this section shall be landscaped with living plant materials such as grass, wildflowers, perennials, groundcover, or shrub plantings. Plant material used for groundcover and shrub plantings shall be spaced to cover at least half of this area when mature.
f. Remaining required landscaped areas not landscaped with living plant materials shall be landscaped with non-living landscape materials, including but not limited to bark, gravel, rock, decorative integrally colored stamped concrete, brick, landscape pavers, and other similar materials.
2. Fences And Walls: Fences and walls utilized to meet the buffer yard standards shall be architecturally compatible in color and design with the structure located on the property subject to the buffer yard standards.
a. Fences and walls shall not exceed seven feet in height in the side and rear yards.
b. Fences and walls shall not exceed four feet in any front yard.
3. Landscaping: Landscaping shall be permitted within the required front, side, and rear setback areas. No landscaping shall be placed within public rights-of-way without obtaining written approval from the City.
4. Landscaping Strip:
a. There is a minimum requirement for a fifteen-foot (15') wide landscaping strip adjacent to and along all streets and avenues.
(1) Excluding driveways that may not exceed thirty feet (30') in width in the Neighborhood Residential district; or
(2) Excluding driveways that may not exceed forty feet (40') in width in the Mixed- Use Zone, Commercial Corridor, Downtown District, Flex Employment, Industrial Zone, OPS, Mixed Residential, and Community Living.
b. There shall be at least 10 feet of separation between driveways that are 30 feet (30') or less in width and at least (20') of separation between driveway throats that are more than thirty feet (30') in width.
E. Foundation Landscaping Standards:
1. All foundations shall be wrapped by an adjacent planting strip at least five feet in width. Plantings shall comprise native decorative long grasses, shrubs, flowers, or edible plants planted at the minimum planting distance.
2. Where the foundation immediately abuts a sidewalk, a foundation planting strip is not required.
F. Street Tree Requirements:
1. The installation of street trees shall be required for all new construction.
2. Street trees shall be provided within a five-foot wide tree lawn; the tree lawn boulevard shall be provided either between the public street and sidewalk with the approval of the Public Works Department or on the interior of any lot line adjacent to a public street.
3. Trees shall be provided at a rate of one per 40 feet of street frontage.
4. Tree plantings shall be native to Gallatin County, Montana.
5. Street tree plantings shall be clearly indicated on the landscape plan.
G. Buffer Yard Standards:
1. Applicability: Buffer yards shall be required between adjoining incompatible uses as outlined in Table 10-4-3.G.1, except for:
a. Any area occupied by structures, paving, walkways, decks, or patios;
b. Any portion of a lot that retains a mature tree canopy that is undisturbed from construction or site improvement activities, as determined by the community development department;
c. Where landscaping would conflict with access to utility infrastructure; however, groundcover shall be planted provided it does not interfere with utility infrastructure as determined by the City Engineer;
d. Between adjacent sites with shared parking;
e. Where common driveways or vehicular access easements are located on the property line; or
f. Where buildings are located side-by-side or on a property line.
2. Location:
a. Buffer yards shall be located on the side and rear lot lines extending into the yard or setback, depending on the size of the lot. Buffers shall not extend into, or be located within, any portion of an existing public right-of-way.
b. The buffer yards specified shall be provided on each lot independent of adjoining buffers.
H. Parking Lot Landscaping Requirements:
1. All surface, off-street parking lots shall comply with the requirements of this section.
2. The minimum number of trees shall be at least one per 100 square feet of landscaped parking lot area. Trees that are part of a buffer yard shall not count toward meeting this minimum.
3. Whenever possible, parking lots larger than 30,000 square feet shall be designed to break up their visual expanse and create the appearance of smaller parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and taking advantage of natural features such as slopes, existing woodland or vegetation, drainage courses, and retention areas.
Zone/Use | Adjacent Zone/Use | ||||||
Rural (R) | Residential (RS) (MR) (CL) | Mixed Use Zone (MU)5 | Neighborhood Residential (N) | Commercial/ Industrial (CC) (DD) (FE) (ID) | Industrial (I) (A) | Institution (EI) (OSP) | |
Zone/Use | Adjacent Zone/Use | ||||||
Rural (R) | Residential (RS) (MR) (CL) | Mixed Use Zone (MU)5 | Neighborhood Residential (N) | Commercial/ Industrial (CC) (DD) (FE) (ID) | Industrial (I) (A) | Institution (EI) (OSP) | |
Rural (R) | -- | -- | B | B | C | D | B |
Residential (RS) (CL) (MR) | -- | -- | B | B | C | D | B |
Mixed Use (MU)5 | B | B | -- | A | B | D | A |
Neighborhood Residential (N) | B | B | A | - | B | D | A |
Commercial/Industrial (CC) (DD) (FE) (ID) | C | C | B | B | - | D | A |
Industrial (I) (A) | D | D | D | D | D | -- | D |
Institution (EI) (OSP) | B | B | A | A | A | D | - |
5 Within a mixed zone, any fully residential use located next to a full non-residential use shall be required to maintain the same buffer yard as that between a residential and mixed zone, i.e. buffer yard standard B. | |||||||
Buffer Yard Types | Buffer Yard Width Minimum | Trees/Shrubs Minimum6 | Permitted Substitute |
A | 5' | Trees: 2 Shrubs: 6 | A wooden or masonry fence may be substituted |
B | 10' | Trees: 3 Shrubs: 9 | |
C | 15' | Trees: 4 Shrubs: 12 | An earthen berm no less than 10 feet in width with a rise over run of 1:3 feet, planted with shrubs and trees at the ridge of the berm. |
D | 20' | Trees: 5 Shrubs: 15 | |
6 Minimum number of trees/shrubs per 100 linear feet of buffer yard | |||
Figure 5: Buffer Yard Example
4. One parking island shall be provided for every 40 parking spaces.
5. Parking islands shall be dispersed throughout the parking area. The minimum parking island size should be 200 square feet, with one tree planting per 200 square feet of the peninsula, with a 2' minimum distance between all trees or shrubs and the edge of pavement where vehicles overhang and a minimum width of 10 feet. Parking peninsulas shall be a minimum of six feet in width.
6. A parking peninsula with a planted bioswale, which is continuous throughout the width of the parking lot, shall be permitted instead of a parking island, provided at a rate of one peninsula per 60 parking spaces. Where a peninsula with a planted bioswale is provided, a 20% reduction in the minimum number of parking spaces shall be permitted. A landscape architect shall design the bioswale, and a maintenance document shall be provided with the landscaping plan when a bioswale is installed.
I. Vision Clearance Requirements:
1. All landscaped areas shall comply with the clear vision standards for intersections and driveways, including the allowed height and placement of fences, walls, signs, landscaping materials, and other objects within the clear vision triangle(s).
J. Irrigation And Maintenance Requirements:
1. All newly planted and relocated temporary or permanent irrigation systems shall water live plant cover until such time as they are established and subsequently on an as-needed basis in compliance with existing water restrictions.
2. All live plant cover in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so as not to interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.
3. All landscaping elements shall be kept free of weeds, debris, and litter and, whenever necessary, replaced with new landscaping to ensure continued compliance with this chapter.
4. All walls and fences shall be maintained in good condition and, when necessary, be repaired or replaced.
5. The property owner shall be responsible for compliance with this chapter. (Ord. 2023-7, 7-17-2023; amd. Ord. 2023-9, 12-18-2023)